(영문) 서울동부지방법원 2016.12.02 2015가단118251

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(영문) 서울동부지방법원 2016.12.02 2015가단118251

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The deceased C (hereinafter “the deceased”) died on August 7, 2014, and his/her heir has D, the Plaintiff, Defendant, E, F, and G, who is his/her wife, and his/her children.

B. On May 16, 2013, the Deceased bequeathed each real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant, and on August 7, 2014, the ownership transfer registration was completed in the name of the Defendant on February 23, 2015, based on testamentary gift on the instant real estate.

C. The Plaintiff borrowed KRW 10 million from H in around 2005. On February 25, 2008, the Deceased, a child of the Deceased, donated KRW 278 square meters to E in return for repayment of the said KRW 10 million to H on February 25, 2008.

120,150,00 won in total and the market value of the decedent’s real estate owned by the deceased (120,150,000 won): 36,80,000 square meters in J-Dong-gun J-gun (2) : 26,180,000 square meters in the amount of 374 square meters in the amount of 26,180,000 square meters in the amount of 1,162 square meters in the amount of 47,640,000 square meters in the amount of 47,640,000 won in the amount of 47,640,000 won in the area of permanent residence.

2. Amount in violation of the calculation method of shortage in the legal reserve = (A) 】 The amount of property (B) 】 the ratio of the person entitled to the legal reserve of inheritance to the legal reserve of inheritance of the person entitled to the legal reserve of inheritance of the person entitled to the legal reserve of inheritance of the person entitled to the legal reserve of inheritance of the person entitled to the legal reserve of inheritance of the person entitled to the legal reserve of inheritance of the person entitled to the legal reserve of inheritance of A = ＋ 1/23 = the amount of inheritance of the person entitled to the legal reserve of inheritance of the person succeeded to the lineal descendants and the spouse of the person entitled to the legal reserve of inheritance £«

3. Judgment on the plaintiff's claim for legal reserve of inheritance

A. (1) Determination on the amount of property(A) that forms the basis for calculating the legal reserve of inheritance (i) the legal reserve of inheritance is calculated by adding the value of the property that the decedent donated before the inheritance commenced to the value of the property that the decedent had donated at the time of inheritance, and the total amount of the debt

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