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(영문) 인천지방법원부천지원 2016.05.25 2015가합103660
유류분 반환청구
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1.There is no dispute over the death of E and the following facts:

E was married to F on August 15, 194, and was married to F on August 15, 194, and there were G, Plaintiffs, Defendant and the network H (as of May 9, 2008, there were I, J, and K).

B. E died on August 18, 2014.

C. The active property under the name of the deceased at the time of the deceased E (hereinafter “the deceased”) is each real property listed in the separate sheet Nos. 9 through 14, and the aggregate value of each of the above real property is approximately KRW 533,825,00.

2. The summary of the plaintiffs' assertion was that the defendant donated seven parcels of real estate and cash 1,670,000,000 won from the deceased before her birth, and other co-inheritors G donated one parcel of real estate, and thus the plaintiffs' legal reserve of inheritance was infringed. Thus, the defendant is obligated to pay 86,428,200 won to the plaintiffs, as the return of the legal reserve of inheritance infringed upon the plaintiffs' legal reserve of inheritance.

3. The method of calculating shortage in the legal reserve of inheritance among the heirs shall be as follows:

Shortage in the legal reserve = [A] 】 The amount of property that forms the basis for calculating the legal reserve 】 The amount of special profit (C) - The amount of net inheritance (D) with the person entitled to the legal reserve of inheritance + the value of positive inherited property £« B = the amount of inheritance 1/23 = the increased amount of inheritance with the person entitled to the legal reserve of inheritance + the amount of inheritance with the spouse and lineal descendant of the inheritee + the amount of inheritance with the amount of inheritance with D = the amount of property acquired by the person entitled to the legal reserve of inheritance - the amount of inheritance share.

4. Property (A) based on which legal reserve of inheritance is calculated;

A. The value of active inherited property is the real property indicated in the attached list Nos. 9 through 14 at the time of the deceased’s death, and the total value of each of the above real property is approximately KRW 533,825,00.

B. 1) The value of real estate area (building area) of real estate (building area) shall be as shown in [Attachment List 2, 927, 916, 600 [Attachment List 2, 2544, 65, 635, 200].

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