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(영문) 광주지방법원 순천지원 2018.01.24 2016가단78698
유류분 청구의 소
Text

1. On December 12, 2017, the Defendant’s shares of 62,694,456/937,651,030 among the real estate listed in the separate sheet to the Plaintiffs.

Reasons

1. Basic facts

A. Inheritance Relations and the Status of the Parties F have been married to G on June 19, 1961, with H, I, A, B, Plaintiff C, Plaintiff D, and Defendant E as their children.

G died on January 26, 2014, and the F died on October 22, 2015. The F’s heir is the Plaintiffs, the Defendant, the H, and the I.

B. F’s testamentary gift: (a) drafted a testamentary gift document stating the attached list (hereinafter “instant real estate”); and (b) on February 15, 2016, the Defendant completed the registration of transfer of ownership based on the testamentary gift as of October 22, 2015, as the receipt of the Incheon District Court’s Netcheon Branch Branch Office, No. 2713, which received.

C. F’s deposit claims and inheritance obligations F have deposit claims equivalent to KRW 39,928,656 at the time of death, and the decision to recommend reconciliation became final and conclusive in the case of the division of inherited property by inheritance, “H, I, the Plaintiffs, and the Defendant shall be divided into completion according to their respective shares of 1/7” in the case of net Family Court in Gwangju Family Court Decision 2017Dhap1005.

On the other hand, F had a debt equivalent to KRW 20 million at the time of death.

The value of the instant real estate at the time of October 22, 2015, when the FF died, is KRW 937,651,030.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 4, 6 (including branch numbers, if any), Eul evidence No. 2, the result of the appraisal commission to the appraiser J appraiser's office by this court, the purport of the whole pleadings

2. Determination as to the cause of claim

A. 1) The calculation method of shortage in the legal reserve of inheritance can be claimed against the co-inheritors within the extent of shortage when there are shortages in the legal reserve of inheritance due to the inheritance before the inheritee’s other co-inheritors. The shortage in the legal reserve of inheritance can be calculated as follows. The shortage = the amount of the legal reserve of inheritance [A] 】 the amount of the legal reserve of inheritance of the co-inheritors with the right to the legal reserve of inheritance in question.

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