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(영문) 서울중앙지방법원 2016.06.30 2014가합503047
유류분반환청구의 소
Text

1. The Plaintiff:

A. Defendant B’s KRW 58,652,154 as well as 5% per annum from February 12, 2014 to June 30, 2016.

Reasons

Basic Facts

The parties’ relationship E (hereinafter “the deceased”) married with F and had the Plaintiff as their children, and the Defendant asserted that the Plaintiff was registered on the deceased’s family relation certificate (Evidence A2) by falsity for the instant lawsuit, but there is no evidence to acknowledge this.

After the divorce with F, the Defendant D, G, and H were born between F and the Defendant B.

The Deceased’s death and property-related deceased died on February 15, 2012. At the time, active property was 1,157 square meters of Gyeonggi-gun I forest land and 1/2 of 704 square meters of 1,157 square meters of land and 1/2 of 704 square meters of land before the JJ in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnamyang-gun, and the value at that time is 34,710,000 won, and 28,512,000 won, respectively, and there

The deceased’s pre-living donor donated each real estate indicated in [Attachment Table] on each date indicated in the “date of donation” column to the Defendants and G, and the Defendants and G completed each registration of ownership transfer on each of the real estate at that time.

The market price at the time of commencement of the above real estate shall be as stated in [the same Table] "value at the time of commencement of the inheritance."

[Based on the facts] without dispute, Gap evidence Nos. 1 through 4, Gap evidence Nos. 10, 11, and 12 (including each number), Eul evidence Nos. 1, Eul evidence Nos. 1, and Eul evidence Nos. 1, the appraisal commission of appraiser K by this court, the fact inquiry with the Ministry of Land, Transport and Maritime Affairs of this court, and the fact inquiry with the Ministry of Land, Transport and Maritime Affairs of this court, the plaintiff can claim the return of the plaintiff's property donated to the defendants to the extent that the deceased's heir, who is a co-inheritors, is in short of the plaintiff's legal reserve due to the non-joint donation.

According to the calculation process of the shortage in legal reserve of inheritance, the predecessor is entitled to the amount of legal reserve of inheritance.

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