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(영문) 서울동부지방법원 2015.11.03 2014가합107732
유류분 반환
Text

1. The defendant is against the plaintiff A, B, and C, respectively.

A. Of the respective immovables listed in paragraphs 2 and 3, 69,470,764/1,057,014,000.

Reasons

1. Basic facts

A. The deceased’s death and the deceased’s heir net F (hereinafter “the deceased”) died on October 23, 2012. At the time, Nonparty G, H, and the Plaintiffs, the deceased’s spouse, as the deceased’s heir, are the Defendant, Nonparty G, H, and the Plaintiffs.

B. At the time of the deceased’s death, the deceased owned the real estate listed in [Attachment Nos. 4 and 5 (hereinafter “each inherited real estate of this case”) at the time of his death. The market value at the time of the deceased’s death of each inherited real estate of this case is 28,410,820 won in total.

C. The deceased’s real estate ownership transfer 1) The deceased’s real estate as stated in attached Form 1 (hereinafter “I apartment”) to the defendant on April 27, 1996.

A) On April 26, 1996, the registration of ownership transfer was completed on the ground of donation on April 26, 1996. At the time of the death of the deceased of I apartment complex, the market price was KRW 429,00,000. 2) On April 11, 200, the deceased completed the registration of ownership transfer on the real estate (hereinafter “J land”) and the real estate (hereinafter “J building”) listed in attached Form 2 and attached Form 3 to the Defendant. The registration of ownership transfer was completed on April 6, 200 with respect to I and J real estate (hereinafter “each donated real estate”).

At the time of the deceased’s death, the market value is KRW 893,664,00 for J land, and KRW 163,350,00 for J building.

[Ground] Facts without dispute; Gap evidence Nos. 1 through 10 (including numbers; hereinafter the same shall apply); the result of the inquiry of the Minister of Land, Infrastructure and Transport of this Court; and the result of the inquiry of the fact to the Minister of Land, Infrastructure and Transport; the exchange bank; Korean bank; Korean Bank; new Bank; Han Bank; and the Agricultural Cooperative Federation; the purport of the entire pleadings as a result of each order to submit financial transactions to the Bank;

2. The method of calculating shortage in legal reserve of inheritance shall be calculated by adding the value of the donated property at the time of the commencement of the inheritance, but deducting the total amount of debts; and

(Article 1113, Paragraph 1 of the Civil Code). The method of calculating the shortage in specific legal reserve of inheritance.

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