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(영문) 수원지방법원 2017.07.06 2014가단519487
유류분 청구의 소
Text

1. The Defendant’s KRW 54,726,958 as well as the Plaintiff’s annual rate of 5% from September 23, 2014 to July 6, 2017.

Reasons

1. Basic facts

A. The deceased C (hereinafter “the deceased”) died on April 1, 2014.

B. The deceased’s heir is as follows: D, the defendant (mam), the plaintiff (mam), the plaintiff (mamb), and F (ma).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion

A. The Deceased’s donation of real estate to the Defendant two years prior to his death, as well as the donation of real estate to the Defendant by disposing of several real estate prior to his death, and thus, the Deceased’s legal reserve of inheritance amounting to KRW 77,621,227 and interest in arrears thereon must

B. A building owned by the Plaintiff was located on the ground of 572 square meters above 572 square meters prior to Si/Gun/Gu in which the deceased donated to the Defendant, but the Plaintiff removed it without consent. As such, 5,000,000 won and interest for delay should be paid as compensation for damages.

3. Judgment on the claim for legal reserve of inheritance

(a) Shortage in the calculation method of shortage in legal reserve of inheritance may be calculated according to the following methods:

Shortage in the legal reserve = [A] 】 The amount of the property that forms the basis for calculating the legal reserve 】 the ratio of the person entitled to the legal reserve / (B) - the amount of the special benefit of the person entitled to the legal reserve / (C) - The amount of the net contribution of the person entitled to the legal reserve / A = the amount of the positive inheritance - the amount of the inheritance - B = the amount of the inheritance / the amount of the inheritance / the amount of the property acquired by the person entitled to the legal reserve - the amount of the inheritance - the amount of

B. (A) active inherited property (A) 1): The deceased who did not have any positive inherited property on April 1, 2014, did not have any evidence regarding the deceased’s active property as at the time of his/her death. (2) On January 20, 2005, the deceased of KRW 8,485,763, on January 20, 2005, paid a total of KRW 7,245,924 by subrogation of the Plaintiff and the Plaintiff’s wife’s claim.

(A) Nos. 6 and 1 of this Court. The value of the donated real estate, which is the basis for calculating legal reserve of inheritance, shall be the value of the donated real estate.

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