(영문) 대구지방법원 2014.12.04 2014가합203773

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(영문) 대구지방법원 2014.12.04 2014가합203773

유류분반환

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1. As to the Plaintiff B and C’s KRW 15,627,829, Plaintiff D’s KRW 72,007,332, and each of the said money, August 5, 2014.

Reasons

1. Basic facts

A. On January 4, 2013, the deceased’s death and inheritance-related netF (hereinafter “the deceased”) died, and the Plaintiffs, children, Defendant, and Nonparty G jointly succeeded to the deceased’s property.

B. The Deceased’s inheritance and testamentary gift property 1) On December 28, 201, the Deceased’s respective real estate listed in the separate sheet No. 1 (hereinafter “each of the instant testamentary gift”).

(2) At the time of death, the deceased owned each of the instant testamentary gift property at the time of the death and the market price of each of the instant testamentary gift property at that time is indicated in the separate sheet No. 1.

C. 1) The Deceased’s prote donated property 1) The Deceased’s each immovable property listed in the separate sheet No. 2 attached hereto (hereinafter “each of the instant donated property”).

(2) At the time of the death of the Deceased, the market price of each of the instant donated real estate as indicated in the separate sheet 2 is as indicated in the column of “market price” as indicated in the separate sheet 2.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 7, 9, 10, 14 (including branches number for those with serial numbers; hereinafter the same shall apply), Eul evidence Nos. 6, 7, 8, 9, 10, and 11; the result of appraiser H’s market appraisal; the purport of the whole pleadings

2. Determination as to the plaintiffs' claims

A. The plaintiffs asserted that the plaintiffs' legal reserve of inheritance was infringed by their excessive donation and testamentary gift of the deceased's real estate owned by the deceased, and that the defendant is obligated to return the amount equivalent to the legal reserve of inheritance infringed as above to the plaintiffs.

B. 1) Shortage in the calculation method of the Plaintiff’s legal reserve of inheritance is assessed according to the following methods, specifying the property at the time of commencing the inheritance due to the death of the deceased. Shortage in legal reserve of inheritance = [the basis for calculating legal reserve of inheritance].

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