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(영문) 서울북부지방법원 2020.02.13 2017가합22241
유류분반환 청구의 소
Text

1. The Defendant: 5% per annum from April 21, 2017 to February 13, 2020 with respect to each of the Plaintiffs’ KRW 33,457,482 and each of the said money.

Reasons

1. Basic facts

A. The plaintiffs and E are children between the network F and the defendant.

B. The deceased F (hereinafter “the deceased”) died on November 5, 2016.

C. At the time of the deceased’s death, there were 33 common shares G (as of December 15, 2016, the stock evaluation amount of KRW 58,641,000 was 58,641), and there was no small property.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 6, the purport of the whole pleadings

2. The deceased’s summary of the cause of the claim donated KRW 795,40,270 out of the proceeds from the sale of real estate, such as the 11th floor M of the Guro-gu Seoul Metropolitan Government Npool-si and the 15th unit P of the land in Kimpo-si, Kimpo-si (Seoul Dongdaemun-gu), to the Defendant in cash.

Therefore, the defendant is obligated to pay 182,172,877 won and damages for delay to the plaintiffs as the return of legal reserve of inheritance.

3. Determination

(a) Shortage in the calculation method of shortage in the legal reserve = [A] 】 Special benefit amount from the person holding the right to the legal reserve of inheritance (C) - The amount of net benefit from the person holding the right to the legal reserve of inheritance (D) ? The amount of positive inherited property + the amount of inheritance ? The amount of inheritance debts B = the amount of inheritance debts / the amount of inheritance debts / the amount of inheritance debts / the amount of inheritance debts / the amount of inheritance inheritance / the amount of inheritance debts / the amount of inheritance inheritance / the amount of inheritance inheritance / the amount of inheritance debts / the amount of inheritance debts / the amount of inheritance debts / the amount of inheritance debts / the amount of inheritance debts / the amount of inheritance debts / the amount of donated property

(Article 113(1) of the Civil Act. The detailed calculation method shall be as follows:

B. 1) As seen earlier, as seen in the deceased’s inherited property, active property was 33 common shares G at the time of the deceased’s death (58,641,00 won at the time of the deceased’s death), and there was no negative property. 2) Defendant (1) real estate donation (a).

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