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(영문) 춘천지방법원원주지원 2019.05.30 2018가합6422
기타(금전)
Text

1. Defendant F is among each real estate indicated in the column for indicating the details of return of the originals attached to attached Table 1 to the Plaintiffs.

Reasons

1. According to the overall purport of the statements and arguments by evidence Nos. 1 and 2 (including branch numbers; hereinafter the same shall apply) of the underlying facts, the deceased G (hereinafter “the deceased”) was married with H and made up the Plaintiffs and the Defendants as his/her children. The deceased died on September 18, 2016, and H died on December 21, 2009.

2. Since the Defendants asserted that they received property from the deceased before the death of the deceased and received legal reserve of inheritance, they are obligated to return the shares and amount of the real estate stated in the claims to the Plaintiffs due to the return of the legal reserve of inheritance infringed upon.

3. The Defendants’ duty to return legal reserve of inheritance

(a) Shortage in the method of calculating shortage in the legal reserve = [A] 】 Special benefit amount from the person holding the right to the legal reserve of inheritance (C) - The net benefit amount (D) of the person holding the right to the legal reserve of inheritance ? The amount of the right to the legal reserve of inheritance + the amount of the right to the legal reserve of inheritance + the amount of the right to the legal reserve of inheritance + the amount of the right to the legal reserve of inheritance + the amount of the right to the legal reserve of inheritance ? 1/23 = the amount of the right to the legal reserve of inheritance + the amount of the property (specific share of inheritance) acquired by the person holding the right to the legal reserve of inheritance ? The shortage in the legal reserve of the legal reserve of inheritance

B. 1) There is no dispute between the parties as to the fact that there is no active inherited property at the time of the death of the deceased’s active inherited property, which serves as the basis for calculating the legal reserve of inheritance. 2) According to the purport of the entire argument of inheritance obligations, the fact that there is no inheritance obligation

On April 20, 2004, Defendant D was delegated with the authority of the deceased to sell 3,861 square meters in Ssung-si I, Ssung-si, the ownership of Defendant D and sold the above land to J, and received KRW 200,000,000 from the purchase price, which was not yet paid to Defendant D.

Therefore, the deceased is against the defendant D.

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