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(영문) 광주지방법원 2019.06.21 2017나55922
유류분반환청구
Text

1. Revocation of the first instance judgment.

2. The plaintiffs' claims against the defendant (appointed parties) and the appointed parties C are all filed.

Reasons

1. Basic facts

A. The deceased E’s death and the deceased’s heir’s deceased (hereinafter “the deceased”) died on March 22, 2015, and the heir has H, I, J, and K as the Plaintiffs, F, G, and D’s heir.

B. No inherited property shall be inherited at the time of the deceased’s death.

C. The Deceased’s act of remitting money to the Defendant and the Appointor (1) liveded with the Selectionor for a long time from February 9, 2004 to December 9, 2014, transferred KRW 1,761,824,800 on several occasions to the Selectionor from February 9, 2004 (transfer from the Nong Bank Account Number L account in the name of the Network).

(hereinafter “amount remittances to the instant designated person.” Meanwhile, the money wired within one year, counting from March 22, 2015, which was the date of commencing the inheritance, among the said money, is KRW 14,000,000 (transfer as of April 23, 2014).

(2) From April 19, 2004 to August 27, 2012, the Deceased wired the sum of KRW 110,147,300 in several times to the Defendant, who is a designated person (subsidiary) (=84,347,300 (transfer from the Nong Bank Account Number L in the name of the network) 25,80,000 (transfer from the Account Number Number Number M in the Account Number under the name of the network).

(hereinafter referred to as “transfer money to the Defendant”). D.

The ratio of the plaintiffs' ratio of legal reserve of inheritance is 1/10 each (i.e., inheritance shares 1/5 x 1/2).

[Ground of recognition] Facts without dispute, Gap evidence 1 through 7, 10, 11, 12 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The Plaintiffs asserted that the amount of money transferred to the Defendant and the Selection was infringed upon by the Plaintiffs’ legal reserve of inheritance by donation of the amount of money transferred to the Defendant and the Selection. Thus, the Defendant and the Selection are liable to return the shortage in legal reserve of inheritance of the Plaintiffs

The Plaintiffs calculated the shortage in legal reserve on the premise that the sum of the money transferred by the Deceased and the Defendant was KRW 194,30,000,000, and KRW 78,100,000, and sought the return thereof from the Defendant and the Appointed (the second and third pages of the claim).

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