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(영문) 대전지방법원 2016.12.07 2014가합107332
유류분반환청구의 소
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs are children between the deceased E (hereinafter “the deceased”) and the deceased F, and the defendant C is the mother of the plaintiffs as a person who remarriedd on October 25, 1978, and the defendant D is a child between the deceased and the defendant C.

The Deceased died on November 11, 2013.

B. At the time of death, the Deceased owned each real estate listed in [Attachment 1] Nos. 10 to 13 as active property at the time of death.

The Plaintiffs and the Defendants completed the registration of transfer of ownership by inheritance on November 11, 2013 according to their respective shares of inheritance (Defendant C: 3/9, Plaintiffs, and Defendant D: 2/9) with respect to each of the above real estate on August 19, 2014.

The total value of each of the above immovables on the commencement date of inheritance is KRW 722,382,220 ( KRW 375,160,660 + KRW 79,872,560 + KRW 171,00 + KRW 171,052,00 + KRW 96,297,00).

(c)no inheritance obligation does exist.

[Reasons for Recognition] A without dispute, Gap evidence 1, Gap evidence 3-10 to 13, appraiser G's appraisal result, the purport of the whole pleadings

2. The Defendants asserted that they received real estate and money from the deceased as co-inheritors, thereby infringing on the legal reserve of inheritance of the Plaintiffs, who are other co-inheritors.

The Defendants are obligated to pay to the Plaintiffs the amount of money equivalent to the shortage of legal reserve of inheritance stated in the claims.

3. Determination

A. Since the Plaintiffs are the inheritors of the deceased, the Plaintiffs are entitled to claim the return of their property to the extent that there is a shortage in their legal reserve of inheritance due to the donation or testamentary gift made by the deceased to the Defendants, other co-inheritors and the witnesses to the extent of the shortage.

B. The method of calculating shortage in legal reserve of inheritance shall be calculated on the basis of adding the value of donated property to the value of the property at the time of the commencement of the inheritance of the inheritee, and deducting the amount of inherited property, but there is a person who has made special profits from the inheritance by means of a birth of property from the inheritee among

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