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(영문) 대전지방법원 2016.10.20 2015가단219556
유류분반환
Text

1. The Defendant’s KRW 35,820,621 as well as the Plaintiff’s annual rate of 5% from September 5, 2015 to October 20, 2016, and the following.

Reasons

1. Basic facts

A. C’s death and his heir C married with D on April 12, 1955, and died on February 23, 2015 as his/her child, E, F (Death on September 10, 1969), G (Death on September 24, 1961), H, Plaintiff, I, J, K, K, and L.

B. (1) On February 23, 2015, at the time of the commencement of inheritance, C had real estate listed in attached Table No. 4 (hereinafter “4 real estate”) as active property on February 23, 2015, and there was no small property. (2) The real estate No. 4 was the real estate on May 7, 2015 due to inheritance due to the agreement division as of February 23, 2015, E, H, the Defendant, I, J, K, and L, for which the registration of transfer of ownership of 1/7 shares was completed. (3) C was the Defendant on February 16, 2004, as indicated in attached Table No. 1 (hereinafter “1 real estate”).

) Each gift of the real estate listed in [Attachment List No. 3 (hereinafter referred to as “three real estate”) and each transfer of ownership on real estate and three real estate was completed on February 17, 2004, and ② on May 22, 2012, the real estate listed in [Attachment List No. 2] (hereinafter referred to as “second real estate”).

(4) The market price of each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) around February 23, 2015, which was at the time of commencing the inheritance, was KRW 927,515,800 in total.

The real estate market value (won) No. 424,718,002 of real estate No. 7,140,800 of real estate No. 404,685,003 of real estate No. 90,972,000 of real estate No. 404,685,000 of real estate No. 927,515,800 of real estate No. 1 is without dispute (based on recognition)

2. Determination:

A. Article 108 of the Civil Act, which applies mutatis mutandis by Article 11118 of the Civil Act, provides that "in case where there is a person among co-inheritors who has received a gift or testamentary gift of the property from the inheritee, and the inheritance property does not reach his/her share of inheritance, the portion in which the inheritance is inherited to the extent of the shortage."

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