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(영문) 인천지방법원 부천지원 2017.01.11 2014가합3572
유류분반환
Text

1. For the plaintiffs:

A. As to Defendant D’s KRW 252,643,308 and KRW 181,818,00 among them, Defendant D shall be from May 27, 2014 to January 27, 2017.

Reasons

1. Facts without dispute;

A. F (hereinafter “the deceased”) died on April 7, 2014.

At the time of the deceased’s death, there are the Plaintiffs and Defendant E, who are the spouse of Defendant D and their children.

B. The Deceased did not have any active or negative property at the time of death.

2. The parties' assertion

A. The summary of the plaintiffs' assertion was as follows: ① G apartment 5 bonds (total market price of KRW 1,10,00,000 at the time of the deceased's death); ② 3/10 shares (total market price of KRW 1,189,346,90 at the time of the deceased's death), ③ cash 1,603,842,531 shares among H land and above-ground buildings; ② Defendant E: ① 102, 701 (market price of KRW 226,00,00 at the time of the deceased's death); ② 4/10 shares among H land and above-ground buildings (total market price of KRW 1,585,795,867 at the time of the deceased's death); ② 3.2 shares (total market price of KRW 86,529,630 at the time of the deceased's death); 6.79,679,79,79, respectively.

Therefore, the defendants are obligated to return the infringed legal reserve of inheritance to the plaintiffs.

B. The summary of the Defendants’ assertion is 1) The real estate itself purchased in the name of the Defendants cannot be deemed as the subject of gift. Only the standard amount corresponding to part of the acquisition value is the subject of donation. (2) Defendant E merely received from the Deceased, ① KRW 16,000,000 out of the purchase fund of 102, 701, and ② KRW 17,500,000 out of H’s purchase fund of 4/10 of H’s land and ground buildings.

3) From around 1996 or 1997 or 2000, the Deceased donated KRW 100,000,000 to the Plaintiffs, each of the KRW 100,000,000 to Plaintiff A and B, and each of the KRW 95,00,000 to Plaintiff C, taking into account the Plaintiffs’ special benefits. The method of calculating the shortage of the heir’s legal reserve of inheritance on March 1, 2009: = [A] method of calculating the shortage of the legal reserve of inheritance x (B) method of calculating the shortage of the heir’s legal reserve of inheritance x (C) method of calculating the shortage of the legal reserve of inheritance x (B) method of calculating the shortage of the heir’s legal reserve of inheritance.

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