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(영문) 서울중앙지방법원 2019.02.14 2015가합576165
유류분반환청구
Text

1. For the plaintiffs:

A. E, the defendant and defendant D’s lawsuit acceptance, each of which is listed in [Attachment 1] 8 to 11.

Reasons

Basic Facts

The following facts may be acknowledged, either in dispute between the parties, or in full view of the purport of the entire pleadings as a result of the party's examination into defendant E, the entry of Gap's 1 through 5, 20, and Eul's 1 (including each number, if any), and the whole purport of the arguments.

The deceased G was killed on August 5, 2015, and the deceased’s heir of the deceased G had the wife D, the Plaintiff A, B, the Defendant and the deceased’s heir of the deceased (hereinafter “Defendant”) E, Nonparty H, I, and Plaintiff C.

Defendant F is Defendant E’s wife.

The net G owned each real estate listed in the separate sheet before birth, and all of the above real estate was disposed of before birth as listed below, and there is no active property owned at the time of death.

On December 26, 191, the date on which the registration for ownership transfer of real estate (attached list) was completed, the Defendants filed a lawsuit against the Defendants on September 24, 201 against the real estate stated in Article 2 subparag. 3 and subparag. 4 of the Seoul Special Metropolitan City, which was acquired through consultation on December 26, 1991 on September 24, 1994 on September 24, 1994 on the gift network D3(5) on July 21, 2005 on July 21, 2005, the Defendants filed a lawsuit against the Defendants on September 21, 201 against the Korea Rail Network Authority seeking the return of the said real estate on September 21, 2015, as stated in Articles 5 subparag. 8 through 11, which was acquired through consultation on September 16, 2011.

As the heir of the network D, there are Plaintiffs A, B, Defendant E, H, I, and Plaintiff C, who are children.

The Defendants alleged the Plaintiffs’ assertion and the network G’s pre-sale donation of KRW 291,434,745 to the Plaintiffs, respectively, were less than the reserve of inheritance of KRW 291,43,745 to the Plaintiffs. Since there was a shortage in the reserve of inheritance of KRW 281,74,773 to the Plaintiffs due to the gift of Defendant E with the network D, the Defendants are obligated to return the shortage to the Plaintiffs with the donated property.

Judgment

The method of calculating the shortage in the legal reserve of inheritance is that co-inheritors are born to other co-inheritors.

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