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Reasons
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(영문) 서울북부지방법원 2017.11.17 2016가단115552
유류분 반환청구의 소
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1. The Plaintiff:

A. Defendant B: (a) KRW 7,826,305; and Defendant C’s KRW 15,376,902; and each of the said money, from August 17, 2017 to August 2017.

Reasons

1. Facts of premise;

A. F (the deceased on November 25, 2015, hereinafter “the deceased”) had four children, including Defendant B, D, E, and Plaintiff, between the wife G who died first, and Defendant C’s children.

B. The acquisition process of ownership of each real estate, such as the real estate listed in paragraph (1) of the attached list of real estate (hereinafter referred to as “real estate 1”) is as follows:

(1) A person who owns real estate at the time of the death of the deceased on December 29, 200 as of the date of the registration of the present owner of the subject real estate: (a) Defendant B, the market price of which was KRW 35,822,520 on December 24, 2008; (b) Defendant I purchased and sold KRW 22,561,50 on October 22, 2008; (c) Defendant B, Defendant B, the deceased on November 1, 2015, KRW 448,00,000 on November 26, 2015; and (d) Defendant B, Defendant B, the deceased on November 206, 2015, KRW 40,000 on KRW 35,822,520 on December 29, 200; and (d) Defendant C, Defendant C, Defendant C, on July 14, 2015, KRW 19,504.

C. Meanwhile, at the time of the deceased’s death, the third real estate-related obligations borne by the deceased were KRW 25,000,000 (the maximum amount of claims KRW 32,500,000) and the lessee’s obligation to return the lease deposit against L was equivalent to KRW 300,000.

Of the deceased’s retirement allowances of KRW 34,100,00 and the amount of KRW 6,261,760, total of KRW 40,361,760 ($34,100,000 +6,261,760) equivalent to the Plaintiff’s statutory share of inheritance, the amount of KRW 10,090,440 (=40,361,760 】 [1/4] of the deceased’s retirement allowances of KRW 34,100,00 and KRW 6,261,760] shall be recognized as the value at the time of the commencement of inheritance, because the difference between the time of commencement of inheritance and the time of actual payment after the

The Plaintiff was paid to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap 1, 2 (including paper numbers), Eul 1-3, Eul 9 (including paper numbers), the purport of the whole pleadings

2. Determination as to claims against Defendant B and C

(a) Shortage in the calculation method of shortage in legal reserve of inheritance = Legal reserve of inheritance;

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