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(영문) 수원지방법원 2014.10.24 2013가단228227
유류분반환
Text

1. The defendant shall be the plaintiff.

A. Of each real estate listed in the attached Table 1 list, each of the Plaintiff shall be 76/1,00 shares.

Reasons

1. Basic facts

A. The deceased C (hereinafter “the deceased”) died on March 23, 2005. At the time of the deceased’s death, there were D, children E, Plaintiff, Defendant, F, and G as co-inheritors’ spouse as co-inheritorss at the time of the deceased’s death.

B. On April 20, 2004, the deceased, on April 20, 2004, completed the registration of transfer of ownership on April 12, 2004, with respect to each real estate listed in the attached Table 1 list as well as each real estate in the attached Table No. 111 square meters, I 2495.8 square meters, J 2823.6 square meters, K 2744.6 square meters, L 1679 square meters, M 1068 square meters (hereinafter “each real estate of this case”) on April 12, 2004 with respect to each real estate in the attached Table No. 1 as well as the transfer of ownership on the ground of donation.

[Reasons for Recognition] Unsatisfy, Gap 1 through 6 (including virtual numbers), the purport of the whole pleadings

2. Determination

A. 1) The difference in the calculation method of the Plaintiff’s shortage in the legal reserve is calculated as follows. The shortage in the legal reserve = [A] calculated as follows: (A) calculated as the basis for calculating the legal reserve of inheritance; (B) calculated as the special benefit (C) of the person holding the right to the legal reserve of inheritance; (D) calculated as the net benefit (C) of the person holding the right to the legal reserve of inheritance; (2) calculated as the amount of inheritance = 1/23 = as the lineal descendant of the inheritee, the amount of property acquired by inheritance of the person holding the right to the legal reserve of inheritance of 9,569,199 won in the bank account of the deceased; and (3) calculated as the aggregate amount of property of KRW 930,874,500 in the defendant; and (4) calculated as the basis for calculating the legal reserve of inheritance of KRW 994,996,90 in the attached Table 2; and (3) calculated as the aggregate amount of property of KRW 930,9496,9690

3) The Plaintiff’s amount of legal reserve of inheritance (A xB) is 2/13 of the Plaintiff’s legal reserve of inheritance, and the ratio of legal reserve of inheritance is 1/13. When calculating the amount of legal reserve of inheritance for the above basic property, 72,341,823 won as follows: 72,341,823 won ( = 940,443,69 won x 1/13, and 1/13, and hereinafter the same shall apply).

4) The plaintiff .

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