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(영문) 창원지방법원 2017.09.21 2016가단109645
유류분반환
Text

1. The Plaintiff, Defendant C, and Defendant D, as Defendant C, KRW 12,859,403, and KRW 12,088,215, respectively, and the judgment of this case.

Reasons

1. Basic facts

A. On August 15, 2015, E was a successor to the Plaintiff, Defendant B, and Defendant C, who was a child, and died with Defendant D, H, and I as a damp heir (E’s child G).

B. On July 26, 2013, E donated KRW 450,000 to J on July 26, 2013.

C. E’s inherited property (1) has deposit claims of KRW 32,875 on the third stop point of K Union, KRW 29,457 on L Union, KRW 184,770 on the active control point of K Union, and KRW 247,102 on the aggregate.

(2) Attached Form E:

1. Each of the real estate listed in the real estate list was held.

On the other hand, on June 21, 2013, E bequeathed the real estate listed in paragraphs 1 through 7 of the same list. The real estate listed in Paragraph 1 of the same list was bequeathed to Defendant B; the real estate listed in Paragraph 2 to F; the real estate listed in paragraphs 3, 4, and 5 to Defendant C; and the real estate listed in paragraphs 6 and 7 to Defendant D, respectively.

The market price at the time of commencement of the inheritance of each of the above immovables shall be as follows:

(1) Defendant C 148,809,669,000 (F 32,669,000) 37,448,800 (3) 37,448,809,300 (4) 107,460,00 (5) 3,901,300 (6) 180,631,400,400 (6) 344,123,90 (7) 163,492,500 (8) 193,410,50,000 (193,410,000) 193,410,410,193,410,410,812, 2008,361, 20636, 206, 20636, 2005, 206, 2008, 200636361,2,3636, 2000

Attached Form

1. There was an obligation to return each lease deposit of KRW 13,00,000 to the lessee of the real estate indicated in paragraph 7 of the list of real estate and KRW 20,000 to the lessee N.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6, 9 through 11, 18, Eul evidence No. 14 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion by inheritance is 49,420 won of deposit claim (=247,102 won x 1/5) and attached Form

1. 38,682,00 won = 193,410,00 won in the market value of the real estate stated in paragraph (8) of the list of real estate ¡¿1.

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