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(영문) 서울고등법원 2015.07.02 2014나27045
유류분반환
Text

1. The judgment of the first instance court, including the plaintiffs' claims expanded in the trial, shall be modified as follows:

Reasons

1. Basic facts

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

B. On August 22, 2011, the Deceased drafted a testamentary deed (No. 2405 of the 2011 International Law Office No. 2405) with the content of testamentary gift of real estate, stocks, etc. (hereinafter “instant testamentary gift”) to the Defendant and F as follows:

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

Upon the death of the deceased, the deceased shall sell and purchase the above real estate after the Defendant and F transferred the ownership of each of the real estate listed in the attached Tables 3 through 7 of the annexed Table 1, and shall make a legacy of 50% each of the following to the Defendant and F, with the payment for each of the real estate listed in the attached Tables 1 and 2 of the annexed Tables 1 and 46540, the deposit money amounting to 200 million won, the deposit money amounting to KRW 780,000,000, the deposit amount of which was created by the collateral security under the receipt number No. 71477, and the remaining amount after the repayment of the loan to the

The Deceased shall legacy to the Defendant and F 25,00 shares of K Co., Ltd. (hereinafter referred to as “K”) as shown in the attached Table 2, and KRW 1,200,000,00 each of them shall be bequeathed by 50%.

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

On July 2, 2012, Defendant and F completed the registration of transfer of ownership based on a testamentary gift as to shares of 1/2 of each of the real estate listed in [Attachment 1] List 3 through 7.

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 Nos. 1 through 7 (including a provisional number; hereinafter the same shall apply), 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 = Legal reserve of inheritance.

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