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(영문) 의정부지방법원고양지원 2016.05.20 2013가합53441
유류분반환 청구
Text

1. The Defendant (Counterclaim Defendant) paid KRW 112,084,632 to Plaintiff (Counterclaim Defendant) and KRW 117,479,996 to Plaintiff (Counterclaim Defendant) C and the above.

Reasons

The main lawsuit and the defendant's counterclaim against the plaintiffs are also examined.

1. Basic facts

A. The deceased E (hereinafter “the deceased”) died on June 17, 2013, and at the time of death, the deceased’s heir was the Plaintiffs and the Defendant, who were children of the deceased.

(The deceased was divorced from F on December 24, 2010). (B)

At the time of death, the deceased did not make any will with respect to the inherited property, such as preparing a testament, etc.

C. Based on the market price at the time of the commencement of the inheritance as active inherited property at the time of the deceased’s death, ① the real estate listed in the list of [Attachment 2] (hereinafter “instant G apartment”), ② the amount of cash 240,000,000 won paid from the lessee H as the lease deposit pursuant to the lease contract as of December 23, 201 with respect to the instant G apartment according to the lease contract as of December 23, 2011 (i.e., cash 240,000,000 won was not kept separately, but the deceased held in the form of receiving and managing the lease deposit, and the inheritance liability for the above G apartment is KRW 240,000,000.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 8, 9, 10 (including paper numbers; hereinafter the same shall apply), appraiser I's appraisal result, 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 deceased’s death.

(a) Legal reserve of inheritance;

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