logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.05.17 2015가단136148
유류분반환청구
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. E died on February 21, 2015

(hereinafter referred to as “E”). (b)

As between the deceased’s spouse F (Death on February 23, 2010) and the deceased’s spouse, the Plaintiff and the Defendants were their children, and the Plaintiff and the Defendants inherited the deceased’s property every 1/4.

C. At the time of death, the Deceased owned each of the real estate listed in the separate sheet No. 1 and each of the deposit claims listed in the separate sheet No. 2

(hereinafter referred to as “property”) d.

The Plaintiff filed a petition for adjudication on the division of inherited property with Suwon District Court 2015Rahap541 against the Defendants. On February 20, 2018, the above court assessed the value of inherited property of the Deceased as KRW 493,900,000, and assessed KRW 150,000,000 ( KRW 493,90,000,000) that was donated to the Defendant B before the Deceased’s birth as special profits, and recognized the inherited property as KRW 643,90,00 ( KRW 150,00,000). The Plaintiff and the Defendants inherited each of them as KRW 160,975,00 (1/4). The Defendant B had the special profits of the deceased deduct KRW 150,00,00,000, which is the special profits of the deceased, and determined that the deposit claim No. 2 list No. 1,21,231,31,231,31,24, respectively.

(hereinafter “Related Cases”). [Grounds for recognition] The fact that there is no dispute, each entry of evidence No. 25, the purport of the whole pleadings.

2. The assertion and judgment

A. The value of the Plaintiff’s inherited property is KRW 603,837,441 in total ( KRW 438,90,000 deposit claim of KRW 162,937,441 in total).

The donation property of the deceased’s living before the death is the sum of KRW 2,412,640,120 as follows:

Defendant B: Total amount of KRW 1,140,163,090 [cash amounting to KRW 840,163,090 in cash] Defendant C: KRW 520,477,030 in total [cash amounting to KRW 30,377,030 in cash] Defendant D: KRW 697,00 in cash amounting to KRW 217,000,000 in total.

arrow