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(영문) 서울중앙지방법원 2017.07.21 2016가합801
유류분반환
Text

1. The Defendant: (a) 40,707,431 won, Plaintiff (Appointed Party), Appointor F, Plaintiff B, and C respectively; and (b) 27,138,287 won.

Reasons

1. Basic facts

A. A. On December 25, 2014, an inheritance start-up network G (H livelihood; hereinafter “the deceased”) died. The heir was appointed by the wife E, the appointed party, the appointed party, the F, the Plaintiffs, and the Defendant, and each real estate listed in [Attachment 2] Nos. 1 through 4 was inherited property.

B. The Deceased’s property disposal 1) around July 1997: (a) around July 10, 1997, the Deceased sold the real estate listed in the No. 2 List No. 5, the Deceased’s possession to I; (b) on February 10, 1998, I transferred the total of KRW 255,000,000 out of the purchase price as listed below to the Defendant account. (c) On July 10, 1997, the JJ of the Korean Bank No. 10,000,000, 17 No. 17 No. 20,000, 00, 000, 300, 000, 17, 1000, 17, 10, 10, 10000, 1000, 30, 197, 10, 197, 197, 10, 197, 100.7.

Since February 10, 2015, the Defendant sold to M real estate listed in [Attachment 2] Nos. 6 and Nos. 7 to N, respectively, and completed the registration of ownership transfer on February 13, 2015.

[Reasons for Recognition] Facts without dispute, Gap's statements in Gap's Evidence Nos. 1 through 4, 6, 17, Eul's Evidence Nos. 1 and 2 (including branch numbers), the purport of the whole pleadings

2. Determination as to the cause of action

A. 1) The calculation method of shortage in the legal reserve of inheritance between the Plaintiff (Appointed Party), the designated parties, and the Plaintiffs are as follows. The shortage in the legal reserve of inheritance = [A] 】 the ratio of the person holding the right to the legal reserve of inheritance (B) - the special benefit amount of the person holding the right to the legal reserve of inheritance of question (C- the person holding the right to the legal reserve of inheritance of question).

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