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(영문) 인천지방법원부천지원 2016.07.15 2015가단28663
유류분청구금
Text

1. The Defendant’s KRW 67,243,432 as well as the Plaintiff’s annual rate from May 13, 2016 to July 15, 2016.

Reasons

1. Basic facts

A. The deceased C died on March 26, 2015, and the deceased’s heir is the Plaintiff, Defendant, E, and F, who is his/her spouse.

B. The details and market price at the time of death of C’s property donated to its children before the death are as follows:

(1) On December 3, 2013, the donee’s market price of KRW 148,410,00 on December 3, 2013, and KRW 1/2 shares of KRW 1/387,106,00 on December 30, 2014, KRW 1/2 of KRW 387,106,00 on December 30, 2014, KRW 387,000 on December 30, 201, KRW 1/2 shares of KRW 387,106,00 on the ground, and KRW 1/47,00 on the ground, and KRW 1/5,00 on the ground, among KRW 30,00, KRW 147,00 on the ground, KRW 387,06,00 on the ground, and KRW 1/25,07,00 on the residential facilities and housing of KRW 1/36,747,767,70.7.36,7.7.4.

(c) there is no other property or obligation owned by C as at the time of the death other than that C.

(2) The defendant's assertion that he lent the amount equivalent to KRW 231,850,00 to C. However, the defendant seems to have obtained profit equivalent to the rent for land by owning a building on the land No. 1 of the above paragraph (b) No. 1 of the same Article, and the defendant's assertion is insufficient to acknowledge the above assertion on the sole basis of Eul evidence No. 7-1 through 4 of the same paragraph, and there is no other evidence to acknowledge it, and the above assertion is without merit) / [the ground for recognition] evidence No. 1-1, 2, 4-1, 2, 4-1, 2, 5-1, 2, 5-2, 7, 9, 10, 11-1 through 4, and the market price appraisal result of this court, the purport

2. Determination

A. The Plaintiff’s assertion is based on the premise that the Defendant infringed on his/her own legal reserve of inheritance and received donations, and thus, the Plaintiff sought a payment of shortage in legal reserve of inheritance according to the ratio of excess amount of inheritance

B. Calculation of legal reserve of inheritance;

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