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(영문) 인천지방법원 부천지원 2017.02.08 2016가합102268

유류분반환

Text

1. As to the Plaintiff KRW 218,381,206 and KRW 200,000 among them, the Defendant shall start on April 8, 2016, and the remainder of KRW 18,381.

Reasons

1. Basic facts

A. C A. On August 13, 2015, died on August 13, 2015, there were D (legal share 3/9), wife E (legal share 2/9), Plaintiff (legal share 2/9) and Defendant (legal share 2/9).

E and the defendant are children in distress between the deceased C (hereinafter referred to as “the deceased”) and D, and the plaintiff is a child in distress between the deceased and the deceased F.

B. At the time of death, the deceased C (hereinafter “the deceased”) had the land indicated in attached Table No. 1 as active property at the time of death, and there was a debt of 225,000,000 won borrowed as passive property and a debt of 225,00,000 won refunded as lease deposit.

[Reasons for Recognition] The entry of Gap evidence Nos. 1 through 3, 12, Eul evidence Nos. 2 and the purport of the whole pleadings

2. The deceased, who caused the plaintiff, donated each real estate listed in the separate sheet Nos. 11 to 15 to D before his death, to E, and bequeathed each real estate listed in the separate sheet Nos. 8 to 10, and bequeathed each real estate listed in the separate sheet Nos. 2 through 7 to the defendant. As a result, the plaintiff, co-inheritors, who is the co-inheritors, violated the legal reserve of inheritance, the defendant is obligated to return KRW 218,445,740, which is the equivalent amount

3. The calculation method of shortage in the legal reserve of inheritance is indicated by the calculation method in the following cases:

Shortage in the legal reserve = (A) = The amount of the legal reserve of inheritance (=the property (A) forming the basis for the calculation of the legal reserve of inheritance x (B) - The amount of the special benefit of the person having the right to the legal reserve of inheritance (C) - A/D) = the amount of active inherited property £« the amount of inheritance (the property transferred before the legal reserve of inheritance) - B = the amount of inheritance debts 1/23 = the increased amount of inheritance of the person having the right to the legal reserve of inheritance £« the amount of the property acquired by the inheritance of the person having the right to the legal reserve of inheritance - the amount of inheritance debts - the amount of the property

4. Basic assets in calculating legal reserve of inheritance;

(a)the scope of return of legal reserve of inheritance at the base point of time of calculating the value shall be at the time of commencement of inheritance;