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(영문) 의정부지방법원고양지원 2015.11.05 2013가단511735
유류분 반환
Text

1. The Defendant: (a) KRW 81,692,983, respectively, and KRW 5% per annum from December 21, 2013 to October 8, 2015, respectively, to the Plaintiffs.

Reasons

Basic Facts

A. Inheritance Relation 1) Net D (hereinafter “the deceased”).

(2) On October 14, 1985, the deceased died on December 13, 2012 and became a legal heir of the deceased, the Plaintiffs, F, G, and H, who are the spouse of the Defendant and their children, were the deceased’s legal heir of the deceased.

B. 1) On May 24, 2005, the Deceased donated the real estate listed in paragraphs 1 and 2 of the attached Table No. 1, which was owned by the deceased, to the Defendant. On August 27, 2009, the Deceased donated the real estate listed in paragraph 4 of the attached Table No. 4 to the Defendant. 2) On May 3, 2012, the Deceased donated each of the real estate listed in paragraphs 3, 5, and 7 of the attached Table No. 3, which was owned by the deceased to the Defendant, and on May 4, 2014, the deceased completed the registration of ownership transfer in the future of the Defendant.

There was no active inherited property at the time of death of the deceased.

[Ground of recognition] There is no dispute, entry in Gap's evidence Nos. 1 through 5 (including the number of branch offices), and the calculation method amount of legal reserve of inheritance shortage in the purport of whole pleadings shall be added to the value of the active property of the inheritee at the time of the commencement of the inheritance. Among them, the amount of legal reserve of inheritance shall be calculated by multiplying the legal reserve of inheritance by the ratio of legal reserve of inheritance under Article 1112 of the Civil Act, and if the person having the right to legal reserve of inheritance obtains special profits, the amount of legal reserve of inheritance shall be deducted.

The amount of infringement of the legal reserve of inheritance shall be calculated by deducting the amount of property acquired by inheritance from the amount of the legal reserve of inheritance calculated as above, if the person with the right to the legal reserve of inheritance has an inheritance obligation to be borne by the claimant.

If this is indicated in the calculation formula, it shall be as follows:

The infringement amount of legal reserve of inheritance = The basis for calculation of legal reserve of inheritance.

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