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(영문) 의정부지방법원고양지원 2016.10.20 2015가단85469
유류분반환 청구
Text

1. The Defendant’s KRW 12,562,06 for the Plaintiff and KRW 5% per annum from September 4, 2015 to July 19, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a deceased’s husband’s wife (hereinafter “the deceased”), and the Defendant is the Plaintiff’s mother as the wife of the deceased.

B. As the Deceased died on July 6, 2015, the Defendant, the wife, and his children, including the Plaintiff, inherited the deceased’s property.

C. Before the death, the Deceased donated 100 million won to the Defendant on July 8, 2014. On July 9, 2014, the Deceased donated D 102 Dong 504 (hereinafter “instant apartment”) and completed the registration of ownership transfer on the same day.

On May 23, 2011, the Defendant acquired the deceased’s collateral (mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-

[Reasons for Recognition] In the absence of dispute, each entry of Gap evidence 1 through 5 (including a branch number), appraiser E's market price appraisal result, the result of the order to submit financial transaction information to the Nong Bank Co., Ltd., the purport of the entire pleadings

2. The assertion and judgment

A. The plaintiff's assertion infringed the plaintiff's legal reserve of inheritance by receiving the donation from the deceased, and the defendant is obligated to refund the difference in legal reserve of inheritance amounting to 12,562,066 won and delay damages to the plaintiff.

B.1) Determination 1) The amount in violation of the calculation method of the legal reserve = [A] 】 Special benefit amount of the person having the right to the legal reserve of inheritance (C) - The net benefit amount (D) of the person having the right to the legal reserve of inheritance + positive inherited property + + 1/2 of the inheritance amount of the person having the right to the legal reserve of inheritance ± 1/3 of the inheritance amount of the person having the right to the legal reserve of inheritance ± d/ the amount of the property acquired by the inheritance of the person having the right to the legal reserve of inheritance - the amount of the property acquired by the inheritance of the person having the right to the legal reserve of inheritance - 2 of the inheritance amount of the person having the right to the legal reserve of inheritance

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