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(영문) 서울중앙지방법원 2015.04.23 2014가합26199
유류분반환
Text

1. The Defendant: (a) KRW 51,366,718 for Plaintiff A and B; and (b) KRW 17,122,239 for Plaintiff C; and (c) KRW 11,414,826 for Plaintiff D, E, and F.

Reasons

1. On March 2, 2014, Defendant I’s deceased I’s deceased (spouse of March 2, 2014), Plaintiff A B’s deceased (spouse of September 1, 2005), Plaintiff D Plaintiff E Plaintiff C (spouse of September 11, 2005) deceased on March 2, 2014, and as at the time of the death, Plaintiff I, A, B, and D’s deceased heir as the deceased’s heir as at the time of the death, and as at the time of the death, the deceased’s heir C (spouse), D, E (C), E (C), and F (F) was the deceased’s heir as at the time of the death.

On July 27, 2007, the Deceased drafted a testamentary document (No. 557, a notary public) stating that the Defendant, who is the deceased's children of I, bequeathed each real estate listed in the attached list, will (No. 57, a notary public).

On December 22, 2010, the deceased sold real estate Nos. 1 and 2 of the [Attachment List Nos. 1 and 2 to M, and on January 21, 201, the registration of ownership transfer was completed in M in relation to each real estate listed in the [Attachment List Nos. 1 and 2].

At the time of death of the deceased, there was real estate listed in the separate list Nos. 3 through 6, and there was no inheritance obligation.

On March 26, 2014, the defendant completed the registration of ownership transfer based on testamentary gift on March 2, 2014 with respect to each real estate listed in the separate list Nos. 3 through 5.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 1 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The method of calculating shortage in the legal reserve of inheritance shall be as follows:

Shortage in the legal reserve = [A] 】 The amount of property that forms the basis for calculating the legal reserve 】 the ratio of the person entitled to the legal reserve of inheritance (B) - The amount of special earnings (C) - The amount of net inheritance (D) of the person entitled to the legal reserve of inheritance ? The amount of positive inherited property - 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 debts / the amount of property acquired by the person entitled to the legal reserve of inheritance - the amount of inheritance debts / the amount of

3. Calculation of legal reserve of inheritance;

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