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(영문) 전주지방법원 2016.06.10 2014가단42693
유류분 청구의 소
Text

1. The plaintiffs' respective claims against the defendants are dismissed in entirety.

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

Reasons

1. Basic facts

A. Nonparty E died on August 4, 2014, and his heir is Nonparty F and the Defendants, the wife, who are the Plaintiffs and the Defendants.

B. At the time of the death of the above E, the real estate in the name of E was located in the name of 1,951 square meters in Yansan-gu, Jeonju-si, G, 3,030 square meters in Yansan-gu, Jeonju-si, and 3,000 square meters in Yan-gu, Jeonju-si (hereinafter “each of the instant inherited real estate”). The total market value was KRW 472,194,000 in Yan-si, Jeonju-si.

C. Meanwhile, on November 2, 2006, the registration of ownership transfer based on the sale on November 2, 2006 with respect to 3,511 square meters in Yinsan-gu, Jeonju-si (hereinafter “the instant real estate”) owned by E is completed in the name of the Defendant C. As to 1,640 square meters in Yan-gu, Jeonju-si, Jeonju-si (hereinafter “the instant real estate No. 2”), which was owned by E, the registration of ownership transfer based on the sale was completed in the name of Defendant D on November 11, 2010.

[Reasons for Recognition] Facts without a partial dispute, each entry of Gap evidence 1 to 5 (including additional numbers), appraisal of the preparation of appraiser L, the purport of the whole pleadings

2. The plaintiff's ground for claim

A. Although the registration of transfer of ownership was completed for the real estate Nos. 1 and 2 in the name of the Defendants, the real value was each donated to the Defendants before E, and the total market value of the real estate Nos. 1 and 2 in the event of E’s death was KRW 420,802,000.

B. The above E donated money of KRW 353,300,774 to Defendant C before the birth.

C. Therefore, the total amount of property based on the calculation of legal reserve of inheritance is KRW 1,246,296,774 (i.e., each of the inherited property of this case KRW 472,194,00, KRW 420,800, KRW 353,30,774, respectively). The Plaintiffs’ legal reserve of inheritance is KRW 113,29,706, respectively.

The Plaintiffs’ inherited property is KRW 472,194,00, the total market value of each inherited property at the time of commencing the inheritance of this case, and KRW 85,853,454, respectively.

E. Therefore, 27,446,252 won (=13,29,706 won - 85,853,454 won), each of which is the difference between the plaintiffs' legal reserve of inheritance and the inherited property (=113,29,706 won).

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