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(영문) 창원지방법원 2020.02.13 2017나58646
유류분반환
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. Basic facts

A. On August 15, 2015, the parties’ relationship E had the Plaintiff, B, C, and F, a child, as the heir, and died with the Defendant, H, and I as the continuation heir (E’s child G).

B. At the time of the death of E, there were 32,875 won in relation to the third place of K Association, 29,457 won in relation to L association’s active branch of K association, and 184,770 won in total, 247,102 won in relation to the aggregate of the 197,212,50 B 97,212,500 (2) 33,124,000 in total, 333,124,124,000 in 37,510,00 C158,729,560 (4), 115,619,005,60, 560, 560, 560, 1837, 805, 2581, 250, 2581, 207, 3705, 2501, 257, 2010

The market price at the time of commencement of the inheritance of each of the above immovables shall be as follows:

3) E had a liability of KRW 400,00,00, and KRW 50,000 with respect to the Plaintiff’s legal reserve of inheritance, as well as the obligation of KRW 61,260,273 with respect to the amount of the total of KRW 11,260,273 with respect to the Plaintiff’s legal reserve of inheritance. (c) He filed a claim for the adjudication on division of inherited property against F, Plaintiff, B, I, Defendant, and C with the Changwon District Court Decision 2018Rahap5, Nov. 30, 2018; however, the said court decided to dismiss the claim on November 30, 2018.

2) Accordingly, H filed an appeal with Busan High Court (Ch Changwon) No. 2019B1000, November 5, 2019, the said court held that (i) the real estate listed in attached Form No. 8 of E’s Schedule (hereinafter “each of the instant real estate”).

Of the shares 12/15 and above

B. The deposit claims described in paragraph 1 are divided according to the share ratio of each specific share of ownership by H, I, F, Plaintiff and B, and ② C on March 24, 2018.

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