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(영문) 인천지방법원부천지원 2016.09.02 2015가합102872
유류분반환
Text

1. The Defendant: (a) KRW 437,669,332 for each of the Plaintiffs and 5% per annum from September 2, 2015 to September 2, 2016; and (b) for each of the Plaintiffs.

Reasons

1. Facts of recognition;

A. The deceased E’s death and family relationship 1) the deceased E(FF, hereinafter “the deceased”);

(2) On June 18, 2015, the deceased died on June 18, 2015. At that time, there were the Plaintiffs born between the deceased and the former wife G. (2) The deceased divorced from G around 1998, which was the former wife. Since around 2003, the deceased was in a personal or de facto marital relationship with the Defendant.

B. 1) The Deceased’s disposal of his pre-living properties 1) The Deceased’s share of 2/3 of the 748m2 and the 2/3m2 of the 4-story building on the land (fluent living facilities and housing) in Bupyeong-gu, Yacheon-gu, Busan and the Hacheon-gu.

On December 12, 2003, the Defendant completed the registration of ownership transfer on the ground of sale on the above real estate on November 9, 2003. (2) As of June 18, 2015, the commencing date of inheritance, the market price of the instant real estate was 2,836,216,880 won in total (i.e., the land price of KRW 2,333,760,00 in total (i.e., KRW 502,456,880 in the value of KRW 502,45,685,320 in the total value of the building (i.e., subdivision 106,720, KRW 320 in total), KRW 1,220, KRW 587,232,360 in the upper floor (i.e., KRW 532,632,640 in the fourth floor) x 2/3).

C. At the time of the deceased’s death, the deceased did not have any positive or negative property at the time of his death.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 6, 8, 9 through 16, Eul evidence Nos. 3 (including paper numbers; hereinafter the same shall apply), witness G testimony, and the purport of the whole pleadings

2. Property that forms the basis for calculating legal reserve of inheritance;

A. Legal doctrine 1) Legal reserve of inheritance is calculated on the basis of the amount calculated by adding the value of donated property, which is different from the value of the property of the inheritee at the time of commencement of inheritance, and deducting the amount of inherited property. In this case, the fact that there was no positive property for the deceased at the time of commencement of inheritance is identical to the fact that there was no positive property for the deceased at the time of commencement of inheritance.

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