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(영문) 울산지방법원 2018.06.27 2017가합977
유류분반환
Text

1. Defendant C shall pay to the Plaintiffs each amount of KRW 44,711,760 and each of the said amounts from April 10, 2018 to the date of full payment.

Reasons

1. Basic facts

A. The deceased E (hereinafter “the deceased”) died on April 28, 2017, and the heir took up the Plaintiffs and the Defendants, who were their children, and the legal inheritance portion of the Plaintiffs and the Defendants respectively was 1/4.

B. On March 24, 2008, the Deceased prepared to Defendant C a testamentary document of a testamentary gift of the real estate listed in the Attachment No. 1 List owned by the Deceased, and on November 25, 2008, the real estate listed in the Attachment No. 2 List No. 2 to Defendant D, respectively.

(hereinafter the above real estate is referred to as the “real estate 1 through 2” in the order of order, and it is referred to as the “each real estate of this case” when it is referred to collectively.

After the deceased’s death, Defendant C completed the registration of ownership transfer on the real estate No. 82077, which was received on May 24, 2017, based on testamentary gift on April 28, 2017. Defendant D completed the registration of ownership transfer on the real estate No. 2 as Ulsan District Court No. 82946, May 24, 2017, based on testamentary gift on April 28, 2017.

As of November 27, 2017, the value of the first real estate is KRW 380,000,000, and the value of the second real estate is KRW 624,034,80.

At the time of the deceased’s death, there was no inheritance obligation.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 6, Eul evidence 5 (including each number, if any), the result of the appraisal commission to the appraiser F of this court, the purport of the whole pleadings

2. The summary of the plaintiffs' assertion that the deceased's testamentary gift of each of the instant real estate against the Defendants infringed on the plaintiffs' legal reserve of inheritance, which is the inheritor of the deceased, the Defendants are obligated to return the legal reserve of inheritance infringed on each of the plaintiffs.

3. Return of legal reserve of inheritance:

(a) Shortage in the calculation method of statutory reserve of inheritance may be calculated through the following accounting formula:

Shortage in the legal reserve = [A] amount of property (A) 】 the ratio of the legal reserve of inheritance to the person entitled to the legal reserve of inheritance (B) - amount of special profit (C) - amount of net inheritance (D) with the person entitled to the legal reserve of inheritance.

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