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(영문) 수원지방법원성남지원 2016.12.22 2014가합9379
소유권이전등기 등
Text

1. The Defendant: (a) against Plaintiff A, KRW 51,104,930, and each of the said amounts to Plaintiff B and C, respectively; and (b) on November 25, 2015.

Reasons

1. Basic facts

A. The deceased E (hereinafter “the deceased”) died on August 31, 2014, and the Defendant, who was his spouse F and son, and the deceased’s spouse A, the Plaintiff B, and C inherited and inherited the deceased on behalf of the deceased.

B. On July 19, 2013, the Deceased drafted a testamentary document stating that KRW 1/2 of the shares in the real estate listed in attached Tables 1 and 2, KRW 10,318,812 of the savings deposit against the Korean bank, and KRW 42,49,99,95 of the company free deposit, and KRW 19,176,916 of the common deposit against the KB bank, and KRW 19,176,916 of the common deposit against the Defendant.

C. Since then, the registration of transfer of ownership in the name of the Defendant was completed on September 18, 2014 with respect to one-half shares of the real estate listed in the separate sheet Nos. 1 and 2, and on August 31, 2014 with respect to the real estate listed in the separate sheet No. 3, listed in the separate sheet No. 1, and on August 31, 2014, respectively.

Attached Form

The lease deposit amount of KRW 155,000,000 exists with respect to 2 real estate listed in the list.

E. The Defendant is above September 5, 2014.

The sum of each deposit claim in paragraph 71,995,723 won was received.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 4, 7 through 9, Eul evidence No. 2 (including additional numbers), and the purport of the whole pleadings. 2. The plaintiff's donation to the defendant of the deceased and the legacy were infringed upon the plaintiff's legal reserve of inheritance, who is the inheritor of the deceased. Thus, the defendant shall return the legal reserve of inheritance infringed upon the plaintiffs to the gift and testamentary gift property.

3. The calculation method of shortage in the legal reserve of inheritance is calculated by multiplying the legal reserve of inheritance by the ratio of the legal reserve of inheritance under Article 1112 of the Civil Act, after adding the value of the property he donated to the whole value of the property at the time of the commencement of the inheritance, deducting the total amount of the debts that the decedent had assumed at the time of the commencement of the inheritance from among them, and after deducting the total amount of the debts

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