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(영문) 수원지방법원 2014.09.25 2013가합26435
기타
Text

1. The Defendants’ share 68,837,250/826,047,000 among the real estate listed in the separate sheet to the Plaintiff on June 9, 2014.

Reasons

1. Basic facts

A. The deceased D (hereinafter “the deceased”) had the Plaintiff and Defendant 2 South and North, and the deceased died on October 18, 2010.

B. On February 5, 2006, the Deceased drafted a written will that all the assets shall be equally inherited to the Defendants.

C. The deceased’s active property is only the real estate indicated in the attached list (hereinafter “instant real estate”) at the time of the deceased’s death, and the small property was leased KRW 65 million and the deceased borrowed the instant real estate as security (Seoul East Eastern District Court registration and the right to collateral security (Seoul East East District Court registration No. 21327, Apr. 14, 2009).

Defendant B established the right to collateral security (No. 63412, Sept. 29, 2009) and borrowed KRW 100,000 to E with regard to the instant real estate as the debtor.

Defendant C used Defendant C to pay KRW 250 million for the total sum of KRW 500 million by setting up the said registration and the right to collateral security as of October 6, 2010, which was received on the instant real estate by having himself as the debtor (Seoul Eastern District Court registration and the right to collateral security as of April 14, 2009, which was received on April 14, 2009, and the right to collateral security as of October 6, 2010, which was revoked on September 29, 2009) by lending KRW 250 million.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 5, Eul evidence No. 1 (including branch numbers), the purport of the whole pleadings

2. Determination

(a) Shortage in the calculation method of shortage in the legal reserve = [A] - Special proceeds (C) from the person holding the right to the legal reserve of inheritance - The amount of net inheritance (D) from the person holding the right to the legal reserve of inheritance - The amount of gift from the legal reserve of inheritance - B = the amount of inheritance from the person holding the right to the legal reserve of inheritance / The amount of inheritance from 1/23 = the amount of inheritance from the person holding the right to the legal reserve of inheritance - the amount of property acquired by the person holding the right to the legal reserve of inheritance - the amount of inheritance contributions

B. The basis for calculating the legal reserve of inheritance.

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