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(영문) 서울중앙지방법원 2020.07.03 2019가합579827
유류분반환청구의 소
Text

1. Defendant (Counterclaim Plaintiff) E shall each be 296,059,644 won, Plaintiff (Counterclaim Defendant) B, and D, respectively.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) The deceased G had the Plaintiff A, B, C, and D as their offspring between the deceased and the deceased, who were the former spouse, and had the Defendants as their children I and the Defendants as their children between the H, who were the married spouse. 2) After that, the deceased G died on November 16, 2017 (hereinafter “the time of the commencement of the instant inheritance”).

B. The details of active inherited property (including bequeathed property) possessed by the deceased G at the time of the commencement of the inheritance of this case and the value of each property at the time of the commencement of the inheritance of this case are as follows:

As at the time of commencing the inheritance of property, the Seocho-gu Seoul Metropolitan Government 26,836 square meters of 26,914-15,027 shares (hereinafter “J forest shares”) 1,138,742,00 won (hereinafter “J forest shares”) and Plaintiff B and D 100,676,790 square meters of overseas real estate (L) of KRW 17,474,00 in K-type 3,300 of inherited shares of KRW 3,300 of KRW 93,53,40 of KRW 54,261,50 of KRW 5,000 of KRW 5,00 of KRW 1,50,000 of KRW 1,50,000 of KRW 1,50,000 of KRW 1,000 of KRW 100 of KRW 00,000 of KRW 3,00 of KRW 3,00 of KRW 4,00 of KRW 30 of KRW O cash shares.

However, in the case of a private donation, not only the provisions of testamentary gift shall apply mutatis mutandis, but also the actual function thereof shall not be different from testamentary gift, so it shall be viewed as

(See Supreme Court Decision 2001Da6947 delivered on November 30, 2001). Each cash asset and P stock held by theO is not a testamentary property but a gift property.

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