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(영문) 서울서부지방법원 2021.01.20 2019가합38017
유류분반환청구
Text

1. Defendant F is 5% per annum from September 26, 2019 to January 20, 2021 to KRW 6,321,274 to each of the Plaintiffs.

Reasons

1. Basic facts

A. Inheritance Relations (i.e., the deceased) married with H on February 27, 1969, but divorced on July 17, 1971. On March 31, 1979, the deceased I married with the deceased I, but died on September 12, 1982, and then married with the Defendant E on August 25, 1983.

Sheb The Dozer shall report the birth of the plaintiff A, B, and C. However, he was the child of the network I.

B, Plaintiff D had been employed between the network I, and Defendant F had been employed between Defendant E.

Article 25(1) of the International Civil Code(hereinafter referred to as the "International Civil Code") was deceased on June 20, 2019.

B. (i) The deceased’s active property (financial property) was KRW 72,012,426 at the time of inheritance commencement, and Defendant E inherited each of the KRW 16,662,426 and the Plaintiffs and Defendant F, respectively.

Sheshe donated KRW 150,00,000 to Defendant F on July 31, 2015.

Secondly, at the time of the commencement of inheritance, there was no small property of the deceased (the obligation in its possession).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4 (including various numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. Judgment on the claim for the return of legal reserve of inheritance

A. The Plaintiffs asserted that the Defendants were entitled to legal reserve of inheritance: (a) each of the 1/2 shares or their purchase funds for the Eunpyeong-gu Seoul Eunpyeong apartment K-ho (hereinafter “the instant real estate”); (b) Defendant E with cash of KRW 418,896,505; and (c) Defendant F with cash of KRW 170,057,837, respectively, was violated.

Therefore, the Defendants are obligated to return shortage to the Plaintiffs as stated in the purport of the claim.

B. The calculation method of shortage in legal reserve of inheritance shall be calculated by adding the value of donated property to the value of the property held by the decedent at the time the inheritance commences, and deducting the total amount of debts (Article 1113(1) of the Civil Act). The specific calculation method shall be as follows:

Shortage in legal reserve of inheritance = [A] amount of property forming the basis for calculating legal reserve of inheritance 】 (B) ratio of the person entitled to legal reserve of inheritance of the oil concerned ] - amount of special profit of the person entitled to legal reserve of inheritance (C) - amount of net inheritance of the person entitled to legal reserve of inheritance of the oil concerned d =

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