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Reasons
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(영문) 서울동부지방법원 2014.04.02 2012가합11127
유류분반환
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1. As to the amount of KRW 273,346,140 and each of the said amounts to Plaintiff A, Defendant E, as to KRW 410,01,211, Plaintiff B, C, and D, respectively.

Reasons

1. Basic facts

A. The deceased G (hereinafter “the deceased”) died on June 21, 2012. At the time, Plaintiff B, C, D, Defendants, and H, the deceased’s heir, who is the deceased’s spouse, are the Plaintiff B, C, D, the Defendants, and H.

B. On August 22, 2011, the Deceased drafted a testamentary deed (No. 2405 of the Ilegal Office No. 20105 of the Ilegal Office) with the content of testamentary gift of real estate, stocks, etc. to the Defendants as follows:

The Deceased shall testamentary gifts each real estate listed in attached Tables 1 and 2 to Defendant E.

Upon the death of the Deceased, the Deceased shall sell and sell the above real estate after the Defendant transferred the ownership of each of the real estate listed in the separate sheet Nos. 3 through 7, and shall deposit KRW 200,000,000,000,000,000,000,0000,000,0000,000,000,0000,0000,000,000,0000,000,000,0000,000,0000,000,000,000,000

The Deceased shall legacy to the Defendants 25,00 shares of K Co., Ltd. (hereinafter referred to as the “K”) and 1.2 billion won per 50% each of them.

C. Defendant E completed the registration of ownership transfer based on testamentary gift on July 2, 2012, each of the real estate listed in [Attachment List Nos. 1 and 2].

The Defendants completed the registration of transfer of ownership on July 2, 2012 with respect to one-half shares of each of the real estate listed in the separate sheet Nos. 3 through 7, respectively, based on a legacy.

E. At the time of the deceased’s death, there was no active inherited property, and the actual value of the claim against K of the deceased is “0” won.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Gap evidence 5-1 to 5, Gap evidence 6, and 7, the purport of the whole pleadings

2. The method of calculating shortage in the legal reserve of inheritance shall be as follows:

Shortage in legal reserve of inheritance = [A] amount of property forming the basis for calculating legal reserve of inheritance (A 】 the person with the right to legal reserve of inheritance.

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