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(영문) 서울중앙지방법원 2017.03.28 2014가합592177
기타(금전)
Text

1. As to each of the Plaintiffs’ KRW 75,705,074 and each of the said money, the Defendant shall pay to the Plaintiffs the year from December 25, 2014 to March 28, 2017.

Reasons

1. Basic facts

A. The parties’ status and inheritance relationship 1) E married with the deceased F (Death on May 22, 2003) and formed a child of the Plaintiffs and the Defendant. G is the Defendant’s children. 2) E died on December 6, 2014 (hereinafter “the deceased”). Accordingly, the Plaintiffs and the Defendant, who are children, inherited the deceased, and their shares of inheritance are 1/4.

B. On May 9, 2012, the Deceased’s universal legacy against the Defendant: (a) a notary public drafted a testamentary document stating that he/she will testamentary gift of all his/her property to the Defendant from a law firm Hoh, as follows:

① The claim for the refund of the lease deposit of H apartment 1, 803 (hereinafter referred to as “H apartment”) in Seodaemun-gu Seoul, Seodaemun-gu (hereinafter referred to as “H apartment”), ② all the money deposited in the account of the National Bank (Account Number: I, J, K, and L) account in the deceased’s name. ③ The above ①, ② there is no dispute over all financial assets and the claim for the refund of the lease deposit in the name of the deceased other than the above, ② the fact that there is no ground for recognition, ② the fact that there is no ground for recognition of the claim for the refund of the lease deposit, and the purport and purport

2. Since the plaintiffs' legal reserve of inheritance was infringed due to their donations and testamentary gifts to the defendant by the deceased, the defendant is obligated to return the amount equivalent to the legal reserve of inheritance infringed as above to the plaintiffs.

3. The plaintiffs, as co-inheritors of the deceased, can seek the return of the property donated to the Defendants within the extent of the shortage when there is a shortage of legal reserve of inheritance due to the deceased's donation before their birth against the Defendants. Accordingly, we examine whether there was a shortage in legal reserve of inheritance between the Defendants.

A. Shortage in calculation method = [A] [the amount of property that forms the basis for calculation of the legal reserve of inheritance 】 the ratio of the person with the right to the legal reserve of inheritance - the special profit (C) with the person with the right to the legal reserve of inheritance - A = the net amount of inheritance with the person with the right to the legal reserve of inheritance in question.

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