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(영문) 부산지방법원 2021.03.09 2019가단330528
유류분 반환
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Facts of recognition;

A. The plaintiffs' assistant is the defendant's spouse.

E died on September 29, 2018.

The deceased E’s successors were the Defendant and their children (the deceased F, the network G, and H) who are their spouses, but the Defendant’s inheritance shares were 3/9, and their children’s inheritance shares were 2/9, respectively.

B. The net F is a spouse on November 22, 2013;

Since the divorce with C, the bringing-up of the plaintiffs, who are children, was entrusted to C, and died on May 16, 2017 before the deceased.

The plaintiffs became an inheritor due to the death of the father-in deceased, and the inheritance shares of the plaintiffs are 1/18, respectively.

(c)

On June 11, 2018, the network E sold at KRW 46100,00,000,000 to I and J, one of its own name, for the K Building L (hereinafter “instant shopping mall”) of Masan-gu, Changwon-si, Changwon-si, Seoul-si, and then received KRW 421,00,000,000,000 from the instant shopping mall after deducting the deposit amount of KRW 40,00,000 from the deposit amount of the instant shopping mall being operated.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 to 8, and the purport of whole pleadings

2. Judgment on the plaintiffs' assertion

A. On August 2, 2018, the content of the assertion: (a) donated the Defendant a Phode of the O building in Changwon-si, Changwon-si (the market price of KRW 190 million; hereinafter “the instant loan”); (b) KRW 123 million out of the sales price of the instant commercial building (the sum of KRW 100 million checks and KRW 23 million in total of KRW 23 million in check amount of KRW 10 million on August 1, 2018).

However, the property, which serves as the basis for calculating the portion of oil at the time of the deceased’s death, is limited to the lending of this case and the donation of war. Based on this, the defendant must return to the plaintiffs each as legal reserve of inheritance 21,66,666 won.

B. (1) The judgment of this case is based on each of the evidence Nos. 1 and 10 as to whether the loan of this case is included in the property subject to the claim for return of legal reserve of inheritance and the statement of evidence Nos. 1 to No. 10, 100 to the Defendant.

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