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(영문) 서울중앙지방법원 2016.03.09 2015가합563367
유류분반환청구
Text

1.(a)

Plaintiff

B For Defendant D, KRW 52,985,309, Defendant E, and F, KRW 24,934,263, respectively, and each of the said money on April 29, 2015.

Reasons

1. Basic facts

A. Nonparty G (hereinafter the Deceased) died on April 18, 2012. At the time of the death, Nonparty G (hereinafter the Deceased) was the inheritor of the Deceased, who was his/her spouse, the Plaintiffs (three persons), the Defendants (three persons) and I.

B. On August 16, 2001, the Deceased completed the registration of ownership transfer with respect to the land listed in paragraph (1) of the annexed Table No. 1 on the ground of each gift to the Defendants on August 16, 2001, with respect to the share of 1940 percent to Defendant D, with respect to the share of 1049 percent to Defendant E and F, with respect to the share of 1366 percent as to the land listed in paragraph (2) of the annexed Table No. 2, with respect to the share of 2843 percent to Defendant E, and with respect to the share of 738 percent to Defendant F.

C. The market price of the land listed in Paragraph 1 of the Attached List, calculated as of April 18, 2012, as of the time of death of the Deceased, is KRW 969,120,000, and the market price of the land listed in Paragraph 2 of the Attached List is KRW 682,320,000.

At the time of the deceased’s death, there were KRW 90,755,394 of deposit claims against the National Bank with financial assets of the deceased, and KRW 72,75,99,409 of deposit claims against the Nonghyup Bank with KRW 72,75,985 of deposit claims against the Nonghyup Bank, and there was no active or negative property of the deceased other than that revealed.

E. The plaintiffs and the defendants are deceased after the death of the deceased.

It was divided into KRW 13,00,056 in the deposit claims, etc. described in the paragraph.

F. The deceased’s spouse, the Plaintiffs, and the father of the Defendants died on October 11, 2012, which was after the deceased died.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. The calculation method of shortage in legal reserve of inheritance shall be calculated by adding the value of donated property to the value of the property held by the decedent at the time of the commencement of inheritance, deducting the total amount of debts (Article 1113(1) of the Civil Act), and the calculation method

Shortage in legal reserve of inheritance = [A] 】 The ratio of legal reserve of inheritance to the person with the right to legal reserve of inheritance (B) - The amount of special profit (C) - The amount of net inheritance of the person with the right to legal reserve of inheritance (D) = positive.

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