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(영문) 서울남부지방법원 2016.07.01 2013가합101419
유류분반환 청구의 소
Text

1. All of the plaintiffs' lawsuits against the defendants are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The facts below the underlying facts may be acknowledged either in dispute between the parties or in each entry in Gap evidence 1 to 14, by integrating the whole purport of the pleadings.

On March 24, 2012, F (hereinafter “the deceased”). The deceased died on March 24, 2012, as sibling G, H, the Plaintiffs, and Defendant D without his spouse, lineal descendant, and lineal ascendant. Among them, G was dead before the deceased’s death with I and Defendant C as his child. H was married with J and died before the deceased’s death with K and L as his child. On August 27, 2002, J married with M, and the deceased’s heir was the Plaintiffs, Defendant D, C, I, K, and L.

Defendant E is the children of Defendant D.

B. The Deceased: (a) each donee [the husband of Defendant C, Defendant D, Defendant E, Plaintiff B, and N (Plaintiff B)] entered each of the real estate listed in the real estate title of the attached testamentary gift property list in the same title column of the same title of donee; (b) the Deceased bequeathed (hereinafter “instant testamentary gift”).

2. As a result of the instant testamentary gift asserted by the Plaintiffs, there were shortages in legal reserve of KRW 896,151,724 to Plaintiff A, and KRW 617,294,134 to Plaintiff B, due to the shortage in legal reserve of inheritance, Defendant C is obligated to return the shortage in legal reserve of inheritance; Defendant C is obligated to pay the Plaintiff the amount of KRW 294,52,40 to the Plaintiff; Defendant E is 601,629,322; Defendant C is 202,875,190; Defendant E is 414,418,944; and damages for delay to the Plaintiff.

The Defendants, after the death of the Deceased, withdrawn the amount equivalent to KRW 3 billion of the deceased’s deposit, consumed the amount equivalent to KRW 100 million of the deposit for the lease of the deceased’s apartment, and disposed of the amount equivalent to KRW 15 million of the market value of the passenger owned by the deceased, thereby infringing on the portion corresponding to the Plaintiffs’ share in the inherited portion. As such, the Defendants are jointly and severally liable to pay the Plaintiffs the amount equivalent to KRW 965,621,967 and delay damages.

3. The judgment of the Defendants is based on the death of the deceased between the co-inheritors and testamentary donee of the deceased, or between the Defendants and testamentary donee.

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