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(영문) 부산지방법원동부지원 2019.11.21 2017가단213281
유류분반환
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 255,434, respectively, to Defendant (Counterclaim Plaintiff) C and its amount from December 25, 2018 to Nov. 25, 2019.

Reasons

Facts of recognition

The network E died on October 2, 2016.

As the inheritor of the deceased, there are the plaintiffs F, the children, the defendants, and the non-party G. The inheritance shares are 3/13 of F, and the remaining inheritors are 2/13 of each of them.

The deceased's inherited property has a deposit claim of KRW 1/2 of the "Basan-gu Apartment Park Hho-gu," and KRW 150 million.

The deceased’s inheritors completed the registration of share ownership transfer on November 18, 2016 with respect to one-half share through the consultation on inherited property. ② The deceased’s inheritors were divided into KRW 20 million with the exception of F, after deducting funeral expenses, hospital expenses, etc.

On the other hand, there is no dispute between the parties as to the fact that the value of one-half of the above-half shares is equivalent to KRW 190 million at the time of death of the deceased and until the closing of the argument in this case.

On the other hand, before the deceased died, the Plaintiffs and the Defendants donated property as follows.

On November 22, 2007, the Plaintiffs donated one half of the shares of “I large 400 square meters in Busan-gun” from the Deceased.

The above land is equivalent to KRW 276 million as of June 10, 2016.

around 1977, Defendant C donated “653 square meters of Jinsan-gun, Busan-gun, Jinsan-gun” to the deceased.

The value is KRW 75,748,00 as of May 15, 2019.

Defendant D donated KRW 50 million to the Deceased around October 2007.

On the basis of the deceased’s death, 60,202,828 won (i.e., 50 million won x 101.986 ± 84.702, and less than the original unit) are calculated at the present time on the basis of the deceased’s death.

The present value at the time of commencement of the inheritance = (the donation amount 】 GDPR DP DP D D D D D D f f x at the time of the commencement of the inheritance ± at the time of donation (see, e.g., the Bank of Korea economic statistics system). Defendant D received a donation from the Deceased in around 1990-191, “Bansan-gu K and ground buildings” from the Deceased.

The value is the total of 583,479,00 won as of May 15, 2019.

The plaintiffs and the defendants are at the time of donation of each real estate.

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