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(영문) 서울고등법원 2017.11.24 2017나2013579
유류분반환청구의 소
Text

1. Of the part against the plaintiffs in the judgment of the court of first instance, the part against the defendant exceeding the part acknowledged in paragraph 2.

Reasons

1. Facts of recognition;

A. The deceased G (hereinafter “the deceased”) had eight South Koreas, including the Plaintiffs, the co-Plaintiff A of the first instance trial, and the Defendant, between the deceased H (Death on November 25, 2007) and the deceased.

B. On May 2, 2015, the Deceased died and his inheritance commenced.

C. At the time of the deceased’s death, the deceased owned active property of KRW 50,450,00 ( KRW 11,870,880,000) as active property of KRW 50,450 ( KRW 11,880,000) as active property of KRW 440,70,000 ( KRW 11,880,70,000), which is equivalent to KRW 11,880,00 of the market value, and KRW 188,00 in value of KRW 177,00 in value of KRW 11,880,00 in value of KRW 11,880,00 in value of KRW 170,00 in value of KRW 11,70,00 in value of the market value).

Although the plaintiffs asserted that each of the above I, J, and K's lands is not inherited property, according to the evidence Nos. 14, 5-1, 6-1, and 6-1 of the evidence No. 4, each of the above lands was registered in the name of the deceased at the time of the death of the deceased, and there is no evidence to prove otherwise that each of the above lands is not owned by the deceased, each of the above lands shall be included in inherited property. Accordingly, the plaintiffs' above assertion is rejected.

【Ground for recognition, the fact that there has been no dispute, the result of appraisal by L/S (hereinafter “appraisal”) by an appraiser, the purport of whole pleadings

2. The defendant, which caused the plaintiffs' claims, donated real estate listed in the attached list from the deceased, but the deceased's inherited property was merely real estate as seen in the above basic facts, and thus, the plaintiffs' legal reserve of inheritance was infringed.

Therefore, the defendant is obligated to return the legal reserve of inheritance to the plaintiffs. The shortage of the plaintiffs' legal reserve of inheritance, the defendant's special profit amount, the scope of the legal reserve of inheritance to be returned to the plaintiffs are as follows

Basic property for calculating legal reserve of inheritance: 4,371,625,000 won (1) 50,450,000 won (2) for active property under the name of the deceased at the time of commencing the inheritance; 4,321,175,000 won (in total of the value of donated property to the defendant: 1/16 of the Plaintiffs’ legal reserve of inheritance each.

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