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(영문) 서울중앙지방법원 2015.04.21 2014가합538630
유류분반환 등 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The deceased C (hereinafter “the deceased”) died on August 9, 2013, and the heir is the Plaintiff and E (F before the name of the deceased).

B. The Defendant is the deceased’s husband, G and H, the former wife, as his husband.

[Ground of recognition] Unsatisfy, Gap evidence 6, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The gist of the Plaintiff’s assertion 1) was as follows with the deceased’s active inherited property at the time of commencing the inheritance amount of the positive inherited property. The Plaintiff’s claim for the indication of the property once is the Plaintiff’s land and building without permission (hereinafter “I land and building”), and the land is “I land.” 593,030,000 won and 151.4 m20,000 won and 7/11 shares in J land and building (hereinafter “J land and building”) and the shares thereof are “J land and building.” The Plaintiff’s share in the sale price is 111,236,363 won and 363 won and 90,000,000 won and 100,000 won and 106,000 won and 250,000 won and 2506,000 won and 205,000 won and 2506,000 won and 2585,065,05,065,00.

Therefore, the Plaintiff’s shortage in legal reserve of inheritance is 166,729,662 won (846,918,651 won x 1/4 - 45,000,000 won).

3) The Defendant infringed on the Defendant’s legal reserve of inheritance: (a) received a legacy from the deceased; and (b) without any legal cause the sale price of J’s land and building shares. Therefore, the Defendant is obligated to pay KRW 153,566,590 to the Plaintiff out of the shortage in legal reserve of inheritance; (b) according to the entries in evidence No. 2, No. 103, May 19, 2004; and (c) pursuant to the entry of evidence No. 2, 63/103 of the I’s land.

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