(영문) 서울중앙지방법원 2015.01.16 2014가합47929

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Reasons

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(영문) 서울중앙지방법원 2015.01.16 2014가합47929

기타(금전)

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1. The Defendant’s KRW 2,018,224 as well as the Plaintiff’s KRW 5% per annum from December 6, 2013 to January 16, 2015.

Reasons

1. Basic facts

A. On August 4, 1987, the Defendant completed the registration of ownership transfer on the ground of sale on July 31, 1987 with respect to the land of 51m2, 51m2, 360m2, 70m2, 704m2, 450m2, 1,553m2, 1987, 2) on the land of 51m2,628m2, 1987, 1987.

3) On March 6, 1989, the Defendant completed the registration of ownership transfer on the ground of sale as of February 1, 1989 with respect to 741 square meters in Incheon Strengthening-gun, Incheon, for which the Defendant completed the registration of ownership transfer on the ground of sale as of February 1, 1989. 4) On July 4, 1989, the Defendant completed the registration of ownership transfer on the ground of sale on June 10, 1989, for the land of 1,852 square meters in J-

(hereinafter referred to as "real estate sold in this case") real estate for which the registration of ownership transfer has been made under the name of the defendant for each sale.

On June 1, 1994, the Defendant’s 1/2 shares of the instant donated real estate K (hereinafter “the decedent”) issued the registration of transfer of ownership on the ground of the gift made on May 10, 1994 to the Defendant and L, a son, for one-half shares of 14,678 square meters of forest land in Incheon-gun, Incheon-gun (hereinafter “instant donated real estate”).

C. Commencement of inheritance of an inheritee and the inheritee’s inherited property died on November 2012, and the original Defendant did not have any property inherited after the inheritee died.

In addition to the original defendant, there were six children such as N,O, P, L in addition to the original defendant.

[Reasons for Recognition] Facts without dispute, Gap evidence 4, Gap evidence 5-1 through 9, Eul evidence 1-1 and Eul evidence 1-2, the purport of the whole pleadings

2. Determination

A. The amount of calculation method of one shortage of legal reserve of inheritance in determining whether the plaintiff's legal reserve of inheritance was infringed is added to the total value of the property that the decedent had at the time of the commencement of inheritance, and the total amount of the debts that the decedent had borne at the time of the commencement of inheritance.

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