(영문) 서울동부지방법원 2014.12.17 2012가합7722

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(영문) 서울동부지방법원 2014.12.17 2012가합7722

유류분반환

Text

1. The defendant,

A. 103,023,902 won to Plaintiff A, 75,533,268 won to Plaintiff C, and 264,36,439 won to Plaintiff D, and each of them.

Reasons

1. On May 30, 201, the deceased deceased on the premise that the deceased deceased Furged (Death on May 30, 201), Plaintiff B, Plaintiff C, Plaintiff AH G (Death on November 17, 201), Defendant deceased on May 30, 201, and the deceased’s heir as the deceased’s spouse as the deceased’s heir as the deceased’s heir, Defendant A, B, C, C, and C, and Plaintiff D (spouse) of the deceased’s deceased’s heir as the deceased’s heir at the time of the death as shown below.

On May 18, 2011, the Deceased bequeathed 1/3 out of the total financial assets in the name of the Deceased, 1,218,205,707, from H, 2/3 of the total financial assets in the name of the Deceased, and bequeathed 2/3 of them to H, respectively, the real estate listed in paragraph 1 of the attached Table in the name of the Deceased.

At the time of death of the deceased, there was no active inherited property at the time of death, and inheritance debts amounting to KRW 100,000,000,000, and KRW 100,000,00,00,00,000, which are the lease deposit obligations against the Defendant.

G died on November 17, 2013. At the time of the death of G, as shown in the foregoing G, there was Plaintiff A, B, C, and the deceased’s heir as the heir of the Defendant, H, and D as the heir of the deceased.

G did not have positive inherited property and inheritance liability at the time of the death of G.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 9, 18, 19, 22 and the purport of the whole pleadings

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

Shortage in the legal reserve = [A] 】 The amount of property that forms the basis for calculating the legal reserve 】 the ratio of the person entitled to the legal reserve of inheritance (B) - The amount of special earnings (C) - The amount of net inheritance (D) of the person entitled to the legal reserve of inheritance ? The amount of positive inherited property - B = the amount of inheritance debts / the amount of inheritance debts / the amount of inheritance debts / the amount of inheritance debts / the amount of inheritance debts / the amount of property acquired by the person entitled to the legal reserve of inheritance - the amount of inheritance debts / the amount of

3. Return of legal reserve of inheritance upon the death of the deceased.

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