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(영문) 부산지방법원 동부지원 2018.10.02 2017가단219814
유류분반환청구의소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The parties’ relationship C (Death on October 23, 2017, hereinafter “the deceased”) and D are married couple, and under which the Plaintiff, E, Defendant, F (Death) and G were placed.

B. (1) Property donated to the Plaintiff before his birth is the following table.

H I J K L L (2) The property donated to the Defendant before his death is given to the Defendant shall be as follows:

MNO Q QVW Y Y AB ACD (based on recognition: the absence of dispute, the entries in Gap's 1 through 8, 13, Eul's 1, 8, and 11 (including paper numbers), each of the respective market price appraisal commissions, the whole purport of the pleadings)

2. The assertion and judgment

A. The Defendant, as the cause of the claim, received each of the assets listed in the list No. 1 through No. 11 before the deceased’s birth from the deceased, and received the total market value as of the date of commencing the inheritance of each of the above property from the deceased at KRW 1,921,578,620. As such, the Defendant shall return to the Plaintiff the amount equivalent to the Plaintiff’s legal reserve of inheritance (1/11 shares), 174,68,965 won (1,921,578,620 won x 1/111) equivalent to the Plaintiff’s legal reserve of inheritance

B. (1) Determination (1) The scope of return of legal reserve of inheritance is based on the amount of legal reserve of inheritance obtained by multiplying the property by the ratio of the claimant's legal reserve of inheritance. In calculating the amount of legal reserve of inheritance, the market price of the property donated to the person liable for return shall be calculated at the time of the commencement of inheritance.

(2) According to the above facts, there is no dispute between the parties as to the scope and value of the basic property in calculating the legal reserve of inheritance and the fact that the deceased did not have any inherited property or inheritance liability separately at the time of his/her death (see Supreme Court Decision 2010Da29409, Apr. 28, 201). According to the above facts, the basic property in calculating the legal reserve of inheritance is all the inheritance assets of the original and the defendant, and the market value is the total amount of KRW 2,605,985,60 (see Supreme Court Decision 2010Da29409, Apr. 28, 201).

(b).

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