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(영문) 수원지방법원성남지원 2020.08.13 2018가합405425
유류분반환청구의 소
Text

Defendant E,

A. Plaintiff A: 8,884,903;

B. Plaintiff B: 127,646,601;

C. Plaintiff C: KRW 43,018,761, D.

Reasons

1. Basic facts

A. The deceased H (hereinafter “the deceased”) married with the Plaintiff on September 12, 1961, and had Defendant E, B, C, and D as his child.

Defendant E married with I on May 9, 1990, and had Defendant G and F as his child.

B. The Deceased died on April 7, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The Defendants asserted that the Defendants, prior to the death of the deceased, donated their properties to the Defendants and infringed the Plaintiffs’ legal reserve of inheritance. The Plaintiffs, who donated KRW 260,000,000 from Defendant E, and the Plaintiff B, in return for the donation of the K land from the Defendant E in Gwangju City Jri (hereinafter “Jri”) to the Defendant, waived their right to claim the return of each legal reserve of inheritance, and this constitutes a non-prosecution agreement.

The Plaintiff A and B renounced their right to claim the return of legal reserve of inheritance on the sole basis of each description of evidence Nos. 2, 3, 8, and 19 (including paper numbers; hereinafter the same shall apply).

It is not sufficient to recognize that the agreement on the action was reached in relation to the pertinent claim, and there is no other evidence to acknowledge it.

Therefore, the defendants' defense prior to the above merits is without merit.

3. Judgment on the merits

A. The gist of the plaintiffs' assertion was that the deceased donated his/her property to the Defendants before their death, and the Defendants infringed their legal reserve of inheritance.

Therefore, the Plaintiffs seek the amount of the primary claim calculated in accordance with the attached Form 2 and the amount of the preliminary claim in 1 to 3 as the return of the value of the legal reserve of inheritance to the Defendants.

B. Shortage in the determination of the legal reserve = [A] 】 The amount of assets forming the basis for the calculation of the legal reserve of inheritance 】 the ratio of the legal reserve of inheritance (B) - the amount of special benefits from the person with the right to the legal reserve of inheritance (C) - The amount of net inheritance (D) with the person with the right to the legal reserve of inheritance £« the amount of positive inherited property ? The amount of inheritance obligation

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