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(영문) 서울북부지방법원 2015.05.27 2012가합7216
상속재산 분할
Text

1. As to the Plaintiff’s share of 229,786,964/1,278,005,200 among each of the real estate listed in the separate sheet, the Defendant on September 2012.

Reasons

1. Basic facts

A. E (hereinafter “the deceased”) died on July 2, 2012, and his heir is the Plaintiff and the Defendant, who were the deceased’s children.

B. On June 22, 2010, the Deceased prepared a testamentary document stating that each of the real estate listed in the following table (hereinafter “instant testamentary gift real estate”) will be bequeathed to the Defendant by Law Firm TELS No. 2321 on June 22, 2010, and the Defendant completed the registration of ownership transfer as listed in the following table on the ground of testamentary gift as to each of the above real estate:

At the time of commencing the inheritance of the object of registration Nos. 3 real estate on July 16, 2012, the market price of which is KRW 922,760,000 as stated in the attached Table No. 1 real estate on July 16, 2012 as of July 16, 2012, KRW 212,365,200 as listed in the attached Table No. 2142,80,000 as of July 25, 2012; and

(c) The Bank of Korea’s number of GDP displayers as of 2005 is 86.9, 2000 to 96.4, 2003 to 206, 99.9, 2006 to 112.4, 2012 to 2012.2.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 4, Gap evidence 3-1, 2, Eul evidence 1, Eul evidence 3-1 through 5, appraiser F's market price appraisal result, the purport of the whole pleadings

2. Claim for restitution of legal reserve of inheritance:

A. 1) Legal reserve of inheritance is calculated on the basis of the amount calculated by adding the value of the donated property to the value of the property at the time of inheritance of the inheritee at the time of inheritance commencement, deducting the amount of inherited property, but the provisions of Article 1114 of the Civil Act are excluded in cases where there are persons who make special profits from the donation of property from the inheritee due to the donation of property before inheritance among the co-inheritors. Therefore, the donation shall be calculated on the basis of the basic property for calculating legal reserve of inheritance regardless of whether it would have been transferred one year prior to the commencement of inheritance, and whether both parties knew that it would inflict losses. 2) In calculating the amount of legal reserve of inheritance, the market value of the property

Therefore, the donation is made.

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