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(영문) 인천지방법원 2015.01.20 2013가합36503
유류분 반환
Text

1. For the plaintiffs:

A. As to KRW 43,913,700 for each of the Defendant (Appointed Party) and KRW 37,500,000 for each of the said KRW 43,913,700.

Reasons

1. Basic facts

A. The deceased E (hereinafter “the deceased”) died on July 17, 2013, and his heir is the Plaintiffs, who are his or her dependants, and the Defendant (hereinafter “Defendant”) and the Appointor D (hereinafter “Appointed”) who are their children.

B. On March 6, 2001, the Deceased donated 3/5 shares to the Defendant, 2/5 shares to the designated parties, and completed the registration of transfer of ownership to the Defendant and the designated parties on the following day. The deceased, on March 6, 2001, donated 791 square meters of the Friju-gun, Ulsan-gun, Ulsan-gun, which he owned, and 3/5

C. On January 5, 2009, the above land was divided into a F 703 square meters and a G large-scale 88 square meters. Among them, G land and its ground-based obstacles were transferred to Ulsan Metropolitan City by a consultation procedure for the acquisition of public land, so land and obstacles were the compensation for land and obstacles. The Defendant received KRW 51,30,600 on August 27, 2009, and the designated person received KRW 34,206,40 on July 28, 2009, respectively.

At the time of the commencement of inheritance of the deceased, the value of the Flue-gun, Ulsan-gun, which is owned by the defendant and the selector, is 500 million won.

E. The Plaintiffs did not have property inherited or donated by the Deceased.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, the value of the real estate donated before the deceased’s birth becomes the basis for calculating the legal reserve of inheritance. At the time of the inheritance commencement of the deceased’s inheritance, the sum of KRW 55,516,00,000 (= KRW 51,309,600), which is the sum of the remaining real estate values after a partial consultation was acquired, and KRW 585,516,000, which is the sum of the compensation acquired by the defendant and the selected person (= KRW 34,206,40).

B. The ratio of the plaintiffs' legal reserve of inheritance is 1/2 of 1/4 each statutory inheritance ratio, and the plaintiffs' legal reserve of inheritance is 73,189,500 won each (=5,516,000 won x 1/8).

C. Therefore, each of the plaintiffs is 43,913,700 won (=73,189,500 won x 3/5) and the defendant.

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