교육비등 생활비반환
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff’s summary of the Plaintiff’s assertion, the Defendants, and D are co-inheritors, and the network E paid KRW 76,520,000 to Defendant B with university school expenses, and KRW 38,260,000 to Defendant C, respectively, before October 17, 2017.
The Plaintiff’s shortage in legal reserve of inheritance calculated by applying the special profit of the amount equivalent to the above university’s school expenses acquired by the Defendants is as follows. As such, the Plaintiff claimed for the return of legal reserve of inheritance within the scope of shortage in legal reserve of inheritance and the payment of KRW 9,565,00 to Defendant B, and KRW 4,782,50 to Defendant C.
The basic amount of property calculated on the basis of legal reserve of inheritance: (a) the aggregate amount of KRW 525,780,000,000 in 1) active inherited property amounting to KRW 525,780,000 in Seoul Central-gu and its ground (hereinafter “each of the instant real property”): (b) the amount of KRW 18,00,000 in 368,000 in market value; (c) the amount of KRW 10,000 in 10,000 in NA; (d) the amount of KRW 5,00,000 in 10,000 in NA; and (e) the amount of the Defendants’ special profits amounting to KRW 114,780,00 in total: (e) the total amount of KRW 114,780 in Defendant University’s school expenses amount to KRW 76,50,00 in 360,00 in Defendant University
B. 1/8 of the Plaintiff’s legal reserve of inheritance (=1/4 of the Defendant’s legal reserve of inheritance x 1/2)
(c) The plaintiff's net inheritance amount: 48,000,000 won by inheritance of each of the real estates of this case;
D. Plaintiff’s shortage in legal reserve of inheritance: 17,722,500 won (=525,780,000 won on the basis of the calculation of legal reserve of inheritance under the above paragraph (a) 】 1/8 of the Plaintiff’s legal reserve of inheritance under the above paragraph (b) - 48,000,000 won on the Plaintiff’s net inheritance under the above paragraph (c)
2. Determination as to the cause of action
A. The shortage of the person entitled to legal reserve of inheritance is calculated according to the following methods:
The shortage in the legal reserve = The basic amount of property calculated 】 (A) 】 the ratio of the legal reserve of inheritance (B) - the special profit (C) of the person having the right to the legal reserve of inheritance - the net amount of inheritance (D) (A) of the person having the right to the legal reserve of inheritance ＋ the amount of active inherited property ＋ the amount of inherited property ? the amount of inherited property ? the amount of statutory inheritance 】 the amount of lineal descendant ?