(영문) 수원지방법원안산지원 2016.06.09 2016가합315

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(영문) 수원지방법원안산지원 2016.06.09 2016가합315

기타(금전)

Text

1. The defendant shall provide to the plaintiffs 318,64,00 of each of the real estate listed in the separate sheet Nos. 2, 3, 4, 5, and 6, 27,113.

Reasons

1. Basic facts

A. On July 25, 2013, the relevant networkF of the parties (hereinafter “the deceased”) died, and his/her heir is either the Plaintiffs and the Defendant, who are their children.

B. 1) On February 4, 1969, the deceased purchased the land listed in [Attachment List No. 10 in the Plaintiff’s name on February 4, 1969, and completed the registration of ownership transfer in the Plaintiff’s name on December 17, 1973. 2) The Defendant donated each real estate listed in [Attachment List No. 1 to 7, which was owned by the deceased on December 24, 2007, and completed the registration of ownership transfer.

3) At the time of the deceased’s death, there were 1,829,675 won (the total amount of KRW 262,247 won in the G account, KRW 274,525 won in the H account, KRW 11,292,903 in the G account, and KRW 11,292,90 in the G account) as active property of the deceased as stated in paragraphs 8 and 9 of the attached list. [The facts that there is no or no dispute over the grounds for recognition, and facts that the evidence Nos. 1, 2, 3, 11, 12, and 13 in the evidence Nos. 1, 2, 4, and 5 in the evidence No. 1, 4, and 10 in the evidence No. 1, 2, and 5 in the evidence No.

2. The gist of the plaintiffs' assertion is that since the defendant received the real estate in the separate sheet Nos. 1 through 7 from the deceased before their birth and infringed the plaintiffs' legal reserve of inheritance, the defendant is obligated to return the legal reserve of inheritance infringed upon the plaintiffs, and in special circumstances, such as where it is impossible or inappropriate to return the real estate in the preliminary form as stated in the separate sheet Nos. 1 through 7, the transfer registration procedure is implemented as stated in the primary purport of the claim.

3. Return of legal reserve of inheritance:

(a) Shortage in the calculation method of shortage in the legal reserve of inheritance = [A] 】 The amount of assets forming the basis for the calculation of the legal reserve of inheritance 】 the ratio of the person with the right to the legal reserve of inheritance (B) - the amount of special profits (C) - A/ the amount of net inheritance of the person with the right to the legal reserve of inheritance (D) - the amount of positive inheritance inheritance inheritance -

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