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(영문) 서울중앙지방법원 2018.02.20 2015가합18584
유류분반환
Text

1. For the plaintiffs:

A. Defendant E refers to the “personal amount” column for Defendant E, among the “personal amount table” attached to the Plaintiff.

Reasons

1. Basic facts

A. The relationship between the parties 1) H (IB, hereinafter “the deceased”).

(2) The Defendant E married with J and was married to and between K, L and the Plaintiffs, and the J died on June 11, 1996, and L on May 1, 2003, respectively. (2) Defendant E married with the Deceased on February 7, 2013. Meanwhile, Defendant F and G are children with the former husband.

3) The Deceased died on July 30, 2014. At the time of the Deceased’s death, Defendant E, his spouse, and the Plaintiffs and K (Withdrawal of lawsuit on August 25, 2017) were the inheritors. (c) On August 31, 1990, the value of the Deceased’s pre-living gift No. 106, 600,000, 2002, Plaintiff 162, 69,50,000, 69, 60,000, 60, 200, 30, 200, 200, 30, 162, 162, 25, 30, 200, 205, 165, 20, 30,0000, 205, 30,000, 54,54,54, 251, 251, 25, 3145, 1, 25, 1, 25, 25, 1,

2) Meanwhile, the Deceased donated the following money to Plaintiff D and the Defendants before birth, and calculated the monetary value at the time of the commencement of inheritance by using the CDP display team in the Bank of Korea as follows. The Plaintiffs calculated the value of each donated money by adding interest at the rate of 2.35% applied to each donated money on August 2014. However, if donated property is money, it is reasonable to deem the donated amount to be the value of donated property by converting it into the monetary value at the time of commencement of inheritance. Such conversion of monetary value is reasonable by reflecting the price fluctuation rate between the donation and the time of commencement of inheritance (see, e.g., Supreme Court Decision 2006Da28126, Jul. 23, 2009).

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