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Reasons
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(영문) 서울남부지방법원 2017.02.09 2015가합110257
유류분반환청구의 소
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1. The defendant is against plaintiffs B, C, D, and E, respectively.

Attached Form

List 8,152,484/279.

Reasons

1. Facts of recognition;

A. The deceased G (hereinafter “the deceased”) had eight South Koreas, including the Plaintiffs and the Defendant, between the deceased H (Death November 25, 2007) and the deceased.

B. On May 2, 2015, the Deceased died and his inheritance commenced.

C. At the time of the deceased’s death, the deceased owned active property of KRW 50,450,00 ( KRW 11,870,880,000) as active property of KRW 50,450 ( KRW 11,880,000) as active property of KRW 252/277 in the family-based 177, the market value of KRW 11,880,00 in the value of KRW 11,70,000 in the family-gun of Pyeongtaek-gun equivalent to KRW 4402 in the market value of KRW 488,00 in the market value.

【Ground for recognition, the fact that there has been no dispute, the result of appraisal by L/S (hereinafter “appraisal”) by an appraiser, the purport of whole pleadings

2. The Defendant, which caused the Plaintiff’s claim, donated real estate listed in the attached list from the deceased, but the deceased’s inherited property was merely real estate as seen in the above basic facts, and thus, the Plaintiffs’ legal reserve of inheritance was infringed.

Therefore, the defendant is obligated to return the legal reserve of inheritance to the plaintiffs. The shortage of the plaintiffs' legal reserve of inheritance, the defendant's special profit amount, the scope of the legal reserve of inheritance to be returned to the plaintiffs are as follows

Basic property for calculating legal reserve of inheritance: 4,371,625,00 won: ① Value of active property under the name of the deceased at the time of commencing the inheritance ② Value of KRW 50,450,000: 4,321,175,000 in total value of property donated to the defendant: 6,306,250 won in each of the following: 6,306,250 won (= 50,450,000 x 1/8) below the legal reserve of inheritance: 266,920,312 won in each of the following subparagraphs = (basic property for calculating legal reserve of inheritance of inheritance of KRW 4,371,625,00 x 1/16 x 6,306,2500 x 1/16) - Ratio of legal reserve of inheritance of inheritance of KRW 6,306,250 in each of the following subparagraphs 1 through 5,141 through 66.

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