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(영문) 의정부지방법원 고양지원 2018.06.01 2017가단73804
유류분반환청구의 소
Text

1. The Plaintiff:

A. Of the real estate listed in the separate sheet No. 3, Defendant B, and Defendant C, as to their respective shares of 2/9.

Reasons

1. Fact-finding;

A. On January 4, 2016, E (FFs, hereinafter referred to as “the deceased”) had died on January 4, 2016, and the Plaintiff is his father, Defendant B, and C’s children, and Defendant D’s wife.

The sum of legacy to Defendant C, 258,300,000 real estate (hereinafter referred to as “one real estate”) listed in paragraph (1) of 1 of the current value at the time of the commencement of separate property item (unit: KRW 21,250,404 (hereinafter referred to as “third real estate”) shall be 21,350,404 won (the sum of legacy to the real estate listed in paragraph (279,251,000) and the aggregate of KRW 20,951,000,000 in real estate listed in paragraph (2) of the 279,251,000 and KRW 21,255,000 (hereinafter referred to as “third real estate”) and KRW 21,350,404 in the account balance of the new bank account of the real estate value of deposit claims, hereinafter referred to as “the aggregate of KRW 7,700,00,00 for Defendant C’s cars: 308,301,404 won

(b) Details of the deceased’s property at the time of commencement of the inheritance, the current status of property and use of the legacy [based on recognition], each entry in Gap evidence Nos. 1, 2, and 4 (including paper numbers), the market price appraisal result, and the purport of the entire pleadings;

2. Claim for restitution of legal reserve of inheritance:

A. Shortage in the calculation method of shortage in the legal reserve = [A] 】 Special benefit amount of the person holding the right to the legal reserve of inheritance (C) - The amount of the right to the legal reserve of inheritance of the person holding the right to the legal reserve of inheritance of the person holding the right to the legal reserve of inheritance of the person holding the right to the legal reserve of inheritance of the person holding the right to the legal reserve of inheritance of A = 1/23 = The amount of the property acquired by the person holding the right to the legal reserve of inheritance of the person holding the right to the legal reserve of inheritance of the person holding the right to the legal reserve of inheritance of the person holding the right to the legal reserve of the deceased = The amount of the property acquired by the inheritance of the person holding the right to the

B. (A) The value of the property(A) that forms the basis for calculating the legal reserve of inheritance shall be calculated only when it was made for one year before the commencement of the inheritance, and both parties shall be liable for damages to the person with the right to the legal reserve of inheritance.

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