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(영문) 수원지방법원 2018.06.19 2015가합70238
유류분 반환 청구의 소
Text

1. Defendant D’s KRW 234,808,041, Plaintiff B’s KRW 130,404,841, and Plaintiff C’s KRW 292,321,361, and each of the above.

Reasons

1. Basic facts

A. The deceased F (G students, hereinafter “the deceased”) died on March 16, 2015. The deceased’s heir is the Plaintiffs and the Defendants, who are their children.

B. On January 12, 2015, the Deceased: (a) through a testament by a notarial deed on January 12, 2015, the real estate listed in paragraphs 1 through 9 of the list of the attached testamentary gift property was bequeathed to Defendant D; (b) the real estate listed in paragraphs 10 through 14 of the same list to Defendant E; and (c) the Plaintiff, upon the death of the Deceased, the real estate listed in paragraphs 15 and 16 of the same list were bequeathed to the Plaintiff B; and (d) the registration of ownership transfer or ownership preservation was completed in the name of each donee on March 16, 2015

C. Meanwhile, the Deceased held a number of accounts opened in the name of the Plaintiffs, the Defendants, the Defendants, and the fraud, etc. (hereinafter collectively referred to as “the deceased’s account”). Of them, a large number of accounts were donated to their children by means of transferring or terminating the deposit claim and paying cash withdrawn.

[Based on recognition] In the absence of dispute, Gap's statements in Gap's 1 through 10, 13 through 26, 28 through 37 (including the number number; hereinafter the same shall apply), the H Bank, I, J., K Union's old branches, K Union, K Union, M. Union, M. Union, M. Union, M. Union, N.N., M. Association, M.O., M. Association, and M.C., the result of response to each order to submit financial transaction information to the director of the tax office of this court for the submission of the tax information by the director of the tax office of this court, the purport of the whole pleadings.

2. Determination

A. Shortage in the calculation method of shortage in the legal reserve = [A] [the amount of property (A) 】 the ratio of the legal reserve of inheritance to the person entitled to the legal reserve of inheritance ] - the amount of special profit (C) - the amount of net inheritance (D) with the person entitled to the legal reserve of inheritance - The amount of inheritance - the amount of inheritance - the amount of inheritance - the lineal descendant or spouse of the inheritee.

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