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(영문) 서울중앙지방법원 2015.11.13 2014가합10088
유류분반환
Text

1. On April 3, 2014, as to the Plaintiffs, Defendant C’s KRW 147,760,364, and Defendant G’s KRW 65,325,847, and each of the said money.

Reasons

1. Basic facts

A. Inheritance-Related H (hereinafter “the decedent”) married with I on October 12, 1951, married with Defendant C (C), Defendant D (C), the network J (3), Plaintiff A (V), and Plaintiff B (V). Defendant G is the head of Defendant C, Defendant E is the wife of the network, Defendant E is the wife of the network, and Defendant F is the deceased J.

The J died on March 3, 2010 before the inheritee, and the inheritee died on March 16, 2013, and the Plaintiffs, Defendant C, D, E, and F jointly inherited the inheritee’s property.

B. The changes in the ownership of real estate and other details of property at issue as to whether the current status of the land is inherited property with changes in ownership or donated property, and the plaintiffs and the defendants' arguments are as follows 3.C.

[Reasons for Recognition] With respect to Defendant D, E, and F: the facts in which the confession is deemed to have been made; the facts in which there is no dispute as to Defendant C and G; the entries in Gap evidence 1 and 2 (including branch numbers); and the purport of the whole pleadings

2. Defendant C, D, and deceased J, which caused the plaintiffs' claims, are as follows from the decedents:

3.(c)

1) (b) received such real estate or money as is entered in the list of the donated property under paragraph (2), and Defendant C and G received from the inheritee:

3.(c)

1) From among the list of inherited property in paragraph (a) of this Article, the land Nos. 9,10 was bequeathed and infringed on the Plaintiffs’ legal reserve of inheritance as co-inheritors.

Therefore, Defendant C, D, G, and network J’s heir, Defendant E, and F, should return to the Plaintiffs the shortage of legal reserve of inheritance.

3. Determination

A. When there is a shortage of legal reserve of inheritance as a co-inheritors who are co-inheritors of the inheritee donated land to the Defendants who are other co-inheritors, the Plaintiffs may seek the return of legal reserve of inheritance to the extent of the shortage.

나. 유류분 부족액의 산정방식 유류분 부족액의 산정방식은 아래 표 기재와 같으므로 그에 따라 원고들의 유류뷴 부족액이 존재하는지 여부에 관하여 본다.

Shortage in legal reserve of inheritance =

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