(영문) 대전지방법원 2016.11.24 2015가단221672

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(영문) 대전지방법원 2016.11.24 2015가단221672

유류분반환

Text

1. The defendant's KRW 46,870,029 for each of the plaintiffs and 5% per annum from September 26, 2015 to November 24, 2016, respectively.

Reasons

1. Facts of recognition;

A. The network D (hereinafter “the deceased”) had the Plaintiffs, the Defendant, and the F (2 South and North) as their children between the wife and wife E, and died on November 6, 2014.

B. On February 23, 1990, the Deceased purchased a part of the ownership transfer registration on November 18, 201 (hereinafter “instant land”) and completed the registration of ownership transfer under his name on August 30, 1993. Moreover, after adding the instant land and buildings together with each of the instant land, the registration of ownership transfer was completed on August 25, 1993. The registration of ownership transfer was completed on October 17, 201 with respect to 1/20 shares of each of the instant real estate by the Defendant on the ground that the donation was made on November 18, 201, but the registration was completed on November 23, 201 under the name of the deceased and the name of the Defendant on August 23, 2011 with respect to each of the instant real estate owned by the Defendant, and the registration was completed as to each of the instant real estate owned by the deceased and the instant real estate owned by the Defendant on December 23, 2012.

C. At the time of the deceased’s death, the market price of each of the instant real estate was KRW 668,129,590 in total (i.e., the market price of the instant land at KRW 469,868,00 in total).

At the time of the death of the deceased, the balance of the loan not repaid with the loan from the Dog-dong branch of the Seo-gu Daejeon District Office as collateral for each of the instant real property is KRW 101,559,268.

E. The inheritance shares of the plaintiffs and the defendant against the deceased are 2/11, respectively, and the ratio of the plaintiffs' legal reserve of inheritance is 1/11 = 2/11 x 1/2).

[Ground of recognition] A without dispute, the appraisal result of appraiser H by this court, each entry in Gap evidence 1 through 6 (including branch numbers, if any) and the purport of the whole pleadings

2. Determination:

A. The amount of one legal reserve of inheritance calculated shall be active property at the time of the commencement of the inheritance of the inheritee.

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