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(영문) 서울서부지방법원 2014.11.13 2013가합34945
유류분반환
Text

1. The defendant is against the plaintiffs:

(a) 21,717,496/182,050,400 shares of each of the 101st 10 of Mapo-gu Seoul Metropolitan E Multi-household 1st 101.

Reasons

1. Facts of recognition;

A. The network F (hereinafter “the network”) had the Plaintiffs and the network H as their children between the network G, and the network H had the Defendant and the J as their children between the Defendant and the wife I.

The deceased died on March 26, 1995, on December 2, 2012, on the deceased, and on September 17, 2013, respectively.

As the deceased’s heir, I, J and Defendant, who are children, and the deceased’s substitute heir of the deceased H, are children.

B. On February 18, 2011, the Deceased completed the registration of ownership transfer on the ground of donation from February 18, 2011, with respect to the Defendant of Mapo-gu Multi-household 101 (hereinafter “instant real estate”).

【Ground of recognition】 Facts without dispute, entries in Gap 1 and 4 evidence (including each number), and the purport of the whole pleadings

2. Determination as to whether the plaintiffs' legal reserve of inheritance was infringed

(a) Shortage in the calculation method of shortage in the legal reserve = [A] 】 Special benefit amount from the person holding the right to the legal reserve of inheritance (C) - The amount of net benefit from the person holding the right to the legal reserve of inheritance (D) ? The amount of positive inherited property + the amount of inheritance ? The amount of inheritance debts B = the amount of inheritance debts ? the amount of inheritance debts ? the amount of inheritance debts ? the amount of inheritance debts ? the amount of inheritance debts ? 1/23 = the amount of inheritance inheritance ? the amount of inheritance debts - the amount of property acquired by the person holding the right to the legal reserve of inheritance of ?

B. (A) The legal reserve of inheritance shall be calculated on the basis of the value of the property of the inheritee at the time of the commencement of the inheritance and the amount calculated on the basis of the amount calculated on the basis of the amount calculated on the basis of which the value of the property was added to the value of the property of the inheritee at the time of the commencement of the inheritance and the amount calculated on the basis of the amount calculated on the basis of which the inheritance obligation was deducted. If there is a person among co-inheritors who made special profits by means of a pre-sale donation of the property from the inheritee, the donation shall be excluded from the application of Article 1114 of the Civil Act

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