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(영문) 서울중앙지방법원 2018.05.21 2017나73503
유류분 청구
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. On May 25, 2013, E (hereinafter “the inheritee”) died, and his heir had Plaintiff A, Plaintiff B, Nonparty F, Defendant C, and Defendant D, who were the inheritee’s children.

B. There were real estate listed in the separate sheet (hereinafter “instant real estate”) and deposit claims of KRW 128,017,845 as active property held by the decedent at the time of the death of the decedent.

C. On August 13, 2013, the Defendants completed the registration of ownership transfer for each of the instant shares out of the instant real estate on the grounds of testamentary gift. On September 11, 2013, the Defendants sold to Nonparty I the purchase price of each of the instant shares in KRW 244,50,000.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 4, the first instance court's private mutual savings bank, the result of each order to submit financial transaction information to Korean banks, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The shortage in the calculation method of the shortage in the legal reserve of inheritance is calculated as follows. Shortage in the legal reserve of inheritance is calculated as follows: [A] 】 Special benefit (C) at the person having the right to the legal reserve of inheritance 】 The net benefit (D) at the person having the right to the legal reserve of inheritance + the amount of positive inherited property + the amount of legacy + the amount of legacy + 1/3 of the amount of inheritance = the amount of inheritance + the amount of inheritance / the amount of inheritance / the amount of inheritance / the amount of inheritance / the amount of inheritance / the amount of inheritance / the amount of inheritance / the amount of inheritance / the amount of inheritance / the amount of inheritance / the amount of inheritance / the amount of inheritance / the amount of inheritance / the amount of inheritance / the amount of inheritance / the amount of inheritance 2) that the person having the right to the legal reserve of inheritance of inheritance : according to the evidence

Defendant C 1’s deposit claim amounting to KRW 244,50,000 among the instant real estate, Defendant C 244,50,000,000 among the instant real estate of KRW 3 of KRW 1/2 equity, Defendant D 244,50,500,000, and KRW 617,017,845, and Defendant C’s deposit claim amounting to approximately KRW 20,00,000 among the said deposit claims, is the Defendant after the death of the decedent.

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