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(영문) 수원지방법원 2018.11.21 2016가단522548
유류분반환 청구의 소
Text

1. The defendant shall pay to the plaintiff 1/10 shares of each of the real estate listed in attached Tables 1, 2, 3, 5, 6, and 7.

Reasons

1. Facts of recognition;

A. The Plaintiff, the Defendant, C, D, and E were children of F and G, F were dead on April 200, and G were dead on November 5, 2013.

B. The registration of ownership transfer was completed in the name of G prior to the death of F, each of the real estate listed in the separate sheet Nos. 6 and 7, and the real estate listed in the separate sheet Nos. 1 and 5 was owned by F, and the ownership transfer registration was completed as G was solely owned following the F’s agreement on the division of inherited property following the F’s death. Each of the real estate listed in the separate sheet Nos. 2 and 2 and 3 was completed in the name of G around April 16, 202.

(hereinafter referred to as “instant real estate 1 through 7”)

G on July 24, 2003, the instant 6, 7 real estate, and April 1, 2013, the instant 1, 2, 3, and 5 real estate was completed to the Defendant on the grounds of each gift.

G did not have positive inheritance or inheritance liability at the time of the death of G, and there was no property donated from G or bequeathed by heirs except the defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5 (including branch numbers, hereinafter the same shall apply) and the purport of whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the legal reserve of inheritance was infringed upon due to the Plaintiff’s donation to the Defendant, and the property constituting the basis for calculating legal reserve of inheritance is ① KRW 94,729,470 in total, KRW 94,729,470 in the attached list that G donated to the Defendant, ② KRW 62,774,130 in cash that G donated to the Defendant, ③ KRW 25,504,268 in total, which the Defendant received as the insured.

As a result, the return of legal reserve infringed, the defendant is obligated to pay to the plaintiff 18,30,786 won [183,07,868 won x 1/5 of inheritance x 1/10 (1/5 of legal reserve of inheritance x 1/2 of the legal reserve of inheritance) and damages for delay. Preliminaryly, the defendant is obligated to pay the plaintiff 1/10 shares (1/4 of inheritance x 1/2 of the legal reserve of inheritance x 1/2 of the legal reserve of inheritance ) of each real estate listed in the separate sheet.

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