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(영문) 대전지방법원서산지원 2020.02.05 2018가단51428
유류분 등
Text

1. The Defendant: 14,196,885 won to Plaintiff D; and 34,715,529 won to the rest of the Plaintiffs; and each of the above amounts, respectively.

Reasons

1. The following facts can be acknowledged in full view of the statements in Gap evidence No. 1 to 7 and the purport of the whole pleadings.

The F died on January 8, 2018, and his heir is the spouse G and children, the plaintiffs, the defendant, and the H.

B. At the time of F’s death, F had the land No. 9 indicated in the annexed land and market price list No. 1 (hereinafter, each land is indicated only in the number, and the market price of each land at the time of F’s death is indicated in the same attached Form) and the total deposit KRW 70,05,025 (i.e., post office deposit KRW 41,748,947, 28,306,078).

C. Meanwhile, F transferred each ownership of the land No. 3 through 8 on February 22, 2012 to the Defendant on the ground of the gift made before February 20, 2012, as to the land No. 1 on November 22, 2017, on November 20, 2017, on the ground of the gift made before November 20, 2017, and on the land No. 23, November 23, 2017, on the land made before November 20, 2017.

On December 17, 2018, in the case of the decision on entitlement to a contributory portion and the division of inherited property in the Incheon Family Court, which is the Plaintiffs and H, the Defendant, and G, the Incheon Family Court that is the party of G, the following: “The Plaintiff and H own KRW 1,305,65 of each of the 1/5 shares and the deposit in Taean Agricultural Co., Ltd. among the land No. 9 and KRW 41,748,947 of post office deposit and KRW 21,77,751 of each of the deposit in Taean Agricultural Cooperatives.”

E. On August 11, 2017, F did not purchase goods at the J and pay KRW 730,000,000, and the Defendant repaid the F’s death on February 1, 2018.

2. The plaintiffs asserted that the F donated the land Nos. 1 through 8 to the defendant, and the plaintiffs claim that the amount of KRW 41,068,80 for each of the land Nos. 9, the market price of which was 205,344,00, and KRW 1,305,665 for cash inheritance, each of which was 35,29,070 for shortage of legal reserve of KRW 35,29,070, respectively.

3. Shortage in the calculation of shortage in the legal reserve of inheritance = [A] (the basic amount of property calculated as the legal reserve of inheritance 】 the ratio of the person with the right to the legal reserve of inheritance - the special amount of profit (C) with the right to the legal reserve of inheritance - the net amount of inheritance with the right to the legal reserve of inheritance concerned.

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