logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원부천지원 2013.03.29 2010가단43148
유류분반환
Text

1. The Plaintiff:

A. Defendant B, among the real estates listed in paragraphs (1) and (2) of [Attachment I] list 7,560,044/335,086,238 shares.

Reasons

1. The underlying factual network D (hereinafter “the deceased”) died on January 1, 2010, and the Plaintiff, Defendants, E, F, G, H, and I, a child, jointly became the heir of the property.

[Ground for Recognition: Facts without dispute]

2. Determination

A. (1) Basic property in calculating the legal reserve of inheritance: (a) active property at the time of the deceased’s death and active property at the time of the deceased’s death at the time of the deceased’s inheritance; (b) shares of each real estate listed in [Attachment 1] Nos. 3, 4, 5, and 8 (hereinafter “the real estate listed in [Attachment 1 list”) are shares; and (c) the market value at the time of the inheritance commencement of each of the above real estate is as listed in [Attachment 2]’s corresponding column of positive inherited property; and (d) the aggregate amount is KRW 2

(B) Claim J’s claim of KRW 130,00,000 (2) The real estate (A) donated to the Defendants and F, G, H, H, and I at the time of the deceased’s birth and the Defendants and F, G, H, and I at the time of the deceased’s birth, and the market value at the time of the commencement of inheritance are as indicated in the corresponding column of the attached 3 donated real estate, and the aggregate amount is KRW 673,002,623.

(C) Of the above, the defendant B received real estate worth KRW 335,086,238, and the defendant C donated real estate worth KRW 207,262,757.

(B) Since the lease deposit liability for the second real estate is the amount to be borne by the Defendants, the amount of the lease deposit was deducted from the real estate value when calculating the amount of the actual donation of the second real estate.

(C) In addition, the third real estate is created a collateral of KRW 151,185,724 with respect to the deceased’s obligation to the Korean National Bank Co., Ltd., and the defendant B succeeded to the 1/2 share under the condition that the said collateral is established. As such, in calculating the actual gift value of the said real estate, the above debt 1/2 was deducted from the value equivalent to the above 1/2 share in calculating the actual gift

(2) In fact, the real estate was sold at the auction procedure and the sale price for Defendant B’s 1/2 shares was also appropriated for the repayment of the above obligation. (3) The deceased.

arrow