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(영문) 청주지방법원 2019.01.17 2017가단113310
유류분반환청구
Text

1. As to the Plaintiff A’s KRW 1,301,92,884, Plaintiff B, C, and D, respectively, and each of the said money on December 5, 2017.

Reasons

1. Basic facts

A. The deceased’s death and the deceased’s heir’s net F (hereinafter “the deceased”) died on September 18, 2017, and the deceased’s heir were the Defendant A and their children, the rest of the Plaintiffs, and G.

B. At the time of the deceased’s death, the deceased did not have active property and inheritance liability at the time of his death.

C. 1) The Deceased’s ownership of real estate against the deceased’s consciousness 1) On May 20, 2003, Cheongju-si H apartment I (hereinafter “the apartment of this case”).

(1) As to May 20, 2013, the registration of ownership transfer was completed on the ground of the gift made from May 20, 2013, and on October 29, 2007, the Defendant and G were 10612 square meters of Gangwon-gun Hongcheon-gun Hongcheon-gun Jin Park (hereinafter “instant forest”).

(1) On October 26, 2007, the registration of ownership transfer was completed based on the gift made by October 26, 2007. At the time of the death of the real estate, the market price at the time of the death of the deceased of each of the above real estate was as listed below.

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap 1 through 5 (including virtual number) and the purport of whole pleading

2. The method of calculating shortage in legal reserve of inheritance shall be calculated by adding the value of the donated property at the time of the commencement of the inheritance, but deducting the total amount of debts; and

(Article 1113(1) of the Civil Act. The method of calculating shortage in specific legal reserve of inheritance is 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. Determination of the amount of property(A) that forms the basis for calculating the legal reserve of inheritance.

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