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(영문) 서울남부지방법원 2015.01.29 2013가합16993
유류분반환
Text

1. The Defendant: (a) KRW 82,773,974; (b) KRW 2,744,353; (c) KRW 9,244,353; and (d) KRW 20,79.

Reasons

Facts of recognition

The inheritance-related non-party G (hereinafter referred to as “the deceased”) died on August 1, 201, and Non-party H, Defendant F, Non-Party I, the networkJ, Non-Party K, Non-Party L, the network M, and Plaintiff A are the deceased’s children.

On the other hand, the above network J had Plaintiff D and E as its child on February 21, 2008 (the wife N et al. divorced on October 25, 2000) and died on February 21, 2008 (the wife N et al. divorced on October 25, 200), Plaintiff D and E were the substitute successors of the network J, and the above network M was the spouse as the non-partyO, Plaintiff B, C, and P as their children on May 10, 207, and died on May 10, 2007, Nonparty O, Plaintiff B, C, and Non-party P were the substitute successors of the network M.

At the time of the deceased’s death, the deceased owned the following inherited property on August 1, 201, which was at the time of his death:

(C) The Defendant acquired Q real estate by legacy from the Defendant’s legacy on August 1, 2011, and the ownership transfer registration was completed on the ground of legacy on August 1, 2011, as of November 1, 2012, the market price of KRW 1,180,836,80 as of November 1, 201, as of November 1, 2012: 36,975,330 (no dispute over the commencement date of inheritance and the market price as of November 1, 2012 between the parties to the market price calculated by deducting the remodelling price by the Defendant).

[Ground of recognition] The plaintiffs asserted that the legal reserve of inheritance was infringed upon due to the donations received by the defendant, since Gap evidence Nos. 1 through 3 and 6 (including each number), the overall purport of the pleadings, and the facts that there is no dispute between the parties to the lawsuit as to the claim for the return of legal reserve of inheritance, the plaintiffs asserted that the defendant received from the deceased a full-time donation of KRW 1,089,199,685 from Q real estate, and Q real estate was bequeathed separately, and the inheritance obligation of the deceased was KRW 250 million.

The plaintiffs are the deceased's inheritors and substitute inheritors, and they are the deceased.

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