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(영문) 인천지방법원 2020.07.14 2020가합51258
유류분 반환 청구
Text

1. The plaintiffs, defendant D shall be 34,075,51 won, defendant E shall be 8,64,331 won, and each of the above amounts shall be 34,075,51 won, and defendant E shall be 8,664,331 won, respectively.

Reasons

1. Basic facts

A. Status 1) Net G (hereinafter “the deceased”).

(2) On November 23, 2018, the deceased died on November 23, 2018. (2) As the inheritor of the deceased, Defendant E and F, who were born between the Plaintiffs, the Deceased and the Deceased, who were the former wife of the deceased, and Defendant D.

B. 1) On October 10, 1996, the Deceased completed the registration of ownership transfer on October 8, 1996 with respect to 1/2 shares of each real estate listed in [Attachment List Nos. 1 and 2] to Defendant D on October 10, 1996. 2) The Deceased completed the registration of ownership transfer on April 13, 199 with respect to the real estate listed in [Attachment List No. 3] on April 12, 1999.

3) There was no particular inherited property at the time of the deceased’s death. [Grounds for recognition] without dispute, Gap evidence Nos. 1 through 10 (including each number, hereinafter the same shall apply)

No. 3 and the purport of the whole pleadings

2. The summary of the plaintiffs' assertion was received from the deceased before his birth each of the real estate listed in the separate sheet (hereinafter referred to as "each of the instant real estate" in the title of the real estate recorded in the above list) and cash donation from the deceased before his death, and thereby, the plaintiffs, co-inheritors, who are co-inheritors, were infringed.

Therefore, Defendant D is liable to pay each of the plaintiffs 56,443,278 won and delay damages therefor, Defendant E is liable to pay each of the plaintiffs 58,664,31 won and delay damages, and Defendant F is liable to pay each of the plaintiffs 2,516,105 won and delay damages.

3. Determination

(a) The calculation method of shortage in legal reserve of inheritance shall be calculated by adding the value of the donated property at the time of the commencement of the inheritance by deducting the total amount of debts; and

(Article 113(1) of the Civil Act. The detailed method of calculation shall be as follows:

Shortage in legal reserve of inheritance = [A] The basic amount of property calculated as legal reserve of inheritance (A x the person with the right to the legal reserve of inheritance.

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