(영문) 수원지방법원 2018.01.23 2016가합71733

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2018.01.23 2016가합71733

유류분반환

Text

1. The Defendant: (a) KRW 261,858,544, respectively, and KRW 5% per annum from October 22, 2016 to January 23, 2018.

Reasons

1. Basic facts E (FF students, hereinafter “the deceased”) had H, Defendant, Plaintiff A, Plaintiff B, and I as their children with wife G, and died on October 5, 2015.

The above H married the Plaintiff C and divorced on July 29, 2001, and died on May 4, 2014 before the Deceased.

[Judgment of the court below]

2. The gist of the plaintiffs' assertion was that the deceased gave a large amount of real estate and cash to the defendant, thereby infringing on the plaintiffs' legal reserve of inheritance, the defendant has a duty to return the difference in the legal reserve of inheritance to the extent of special profits exceeding the share of inheritance.

3. Occurrence of claims for return of legal reserve of inheritance;

A. The amount of excess or excess in calculating the amount of the legal reserve = [A] 】 The amount of special benefit of the person holding the right to the legal reserve of inheritance (B) - The amount of the right to the legal reserve of inheritance (C) - The amount of the right to the legal reserve of inheritance (D) - The amount of the right to the legal reserve of inheritance - The amount of the right to the legal reserve of inheritance - B/ the amount of the right to the legal reserve of inheritance 1/23 = the amount of the right to the legal reserve of inheritance - the amount of the property acquired by the person holding the right to the legal reserve of inheritance (the amount of specific contributions of inheritance) - the amount of the legal reserve of inheritance -

B. (A) The fact that the deceased, at the time of the commencement of the inheritance, owned each land listed in the table Nos. 1 through 5 below at the time of the commencement of the inheritance is without dispute between the parties, and according to the evidence Nos. 6, it is recognized that the deceased owned the land listed in the table Nos. 6 below at the time of the commencement of the inheritance. According to the records No. 5 and the court’s appraisal of the market price as to the appraiser J and the whole purport of this court, the value of each land listed in the table below, which is the deceased’s active inherited property, at the time of the commencement of the inheritance of the inheritance, is recognized as the fact that the total amount of each land listed in the table Nos. 1,308,679,000 is recognized (in case of the land

유사 판례

-대전지방법원 홍성지원 2021.03.26 2018가단7818

-서울고등법원 2015.12.16 2015나2018877

-청주지방법원 2018.12.21 2017가합200419

-인천지방법원 부천지원 2018.11.28 2017가합100122

-춘천지방법원 2019.04.10 2018나54566