유류분반환
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.
1. The basic fact-finding network D (hereinafter “the deceased”) died on July 30, 2014, and the heir was the Plaintiff, the Defendant, E, F, G, H, and I, who is the wife.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 3, the purport of the whole pleadings
2. The summary of the Plaintiff’s assertion, the Defendant, and G received donations before the deceased’s birth and received special benefits.
The plaintiff's shortage in legal reserve of inheritance occurred in 371,604,066 won.
The defendant, who is a special beneficiary, is liable to pay to the plaintiff the amount stated in the claim and damages for delay, which fall short of the legal reserve of inheritance by return of value.
3. Shortage in the determination of the legal reserve = [A] 】 Special benefit of the person with 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 property acquired by the right to the legal reserve of inheritance - the amount of the property acquired by the right to the legal reserve of inheritance - the amount
(a) Method of calculating shortage in legal reserve of inheritance;
B. The reasoning of this court is as follows: (a) relevant legal principles and (2) This part of the positive inherited property amount, which are the basis for calculating the legal reserve of inheritance, is as follows: (b) this part of the positive inherited property amount, as stated in the corresponding part of the judgment of the court of first instance (Articles 3 through 6). Therefore, this part is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
3) The current market price as of March 30, 2016 or May 20, 2016 at the time of commencement of the inheritance of real estate among the special profits recognized as donated property (A) shall be deemed the current market price as of May 20, 2016 at the time of commencement of the inheritance of real estate (Evidence 19). (Unit 19) The site listed in paragraph (a) of Attached Table 1 in Attached Table 2 List 1 (hereinafter “instant land”) on July 28, 2014 (hereinafter “instant building”). < Amended by Presidential Decree No. 17190, Jul. 28, 2014>