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(영문) 서울동부지방법원 2018.10.05 2016가합111186
유류분반환청구의 소
Text

1. Of the plaintiffs' lawsuits, the plaintiffs seek confirmation of ownership of each real estate share in attached Tables 15 and 16.

Reasons

1. Basic facts

A. Inheritance-related net E (hereinafter “the deceased”) died on December 18, 2015, and the heir was the Plaintiffs and the Defendants, who were their children.

B. At the time of the death, the Deceased’s inherited property owned each of the real estate listed in the separate sheet No. 1,63 billion won and the separate sheet No. 2 through 5, respectively.

C. On the other hand, the deceased left his will on November 10, 2015, before his death. On the other hand, the deceased left his will with the following contents.

The head of will - the great couple (Plaintiff A) and the small father B (Plaintiff B) shall be restricted to the deposit money for lease on a deposit basis with the F apartment (real estate stated in attached Form 2) and brought to the left.

- and G (each real estate listed in the attached Table 3) shall bring C (Defendant C) to Korea.

- A (Plaintiff A) takes 150,000 won monthly 1.5 million won and B (Plaintiff B) of 6 stories (the real estate listed in attached Table 3 List 15), and D (Defendant D) brings about H apartment (real estate listed in attached Table 9), C (Defendant C) and H apartment (real estate listed in attached Table 3), H apartment (real estate listed in attached Table 8), and Suwon house (real estate listed in attached Table 10 List 10).

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 5 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. Claim for restitution of legal reserve of inheritance:

A. According to Article 1112 and Article 1113 of the Civil Act, the shortage of legal reserve of inheritance in the method of calculating shortage in legal reserve of inheritance shall be calculated by the following methods, specifically after the person with the right to legal reserve of inheritance became final and conclusive at the time of the commencement of inheritance of the inheritee.

Shortage in the method of calculating shortage in the legal reserve = [A] 】 Special benefit of the person holding the right to the legal reserve of inheritance (C) - The amount of the right to the legal reserve of inheritance of the person holding the right to the legal reserve of inheritance of the person holding the right to the legal reserve of inheritance of the person holding the right to the legal reserve of inheritance - B/ The amount of the legal reserve of inheritance of the person holding the right to the legal reserve of inheritance of the person holding the right to the legal reserve of the deceased =

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