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(영문) 울산지방법원 2017.09.13 2016가단54321

유류분반환 등

Text

1. The defendant

A. (1) As to the real estate listed in the separate sheet No. 9 against Plaintiff A, (2) as to Plaintiff B, the same list No. 11.

Reasons

1. The deceased E (hereinafter “the deceased”) died on November 29, 2015.

An inheritor has seven children, such as F, G, and H, in addition to the Plaintiffs and the Defendant, who are children.

(1/7 of the shares in inheritance) In this case, for which the plaintiffs seek the return of legal reserve of inheritance against the defendant who is the siblings, the shortage of legal reserve of inheritance claimed by the plaintiffs shall be calculated according to the following formula:

Shortage in legal reserve of inheritance = [A] The amount of property which forms the basis for calculating legal reserve of inheritance 】 the ratio of the person entitled to legal reserve of inheritance (B) - the amount of special profit from the person entitled to legal reserve of inheritance - (D) the amount of positive inheritance - 1/23 = the amount of inheritance debts - the amount of property acquired by inheritance of the person entitled to legal reserve of inheritance - the amount of inheritance debts - the amount of property acquired by inheritance of the person entitled to legal reserve of inheritance - the amount of inheritance debts - where there is a person who received a gift or testamentary gift from the deceased among co-inheritors, the amount of inheritance debts - the amount of inheritance debts - the amount of inheritance debts - the amount of inheritance property acquired by inheritance of the person entitled to legal reserve of inheritance does not reach his/her share of inheritance - The provisions of Article 1008 of the Civil Act which are applied mutatis mutandis under Article 1118 of the Civil Act to the extent of the shortage in property where special beneficiaries received from the inheritee of inheritance of inheritance of inheritance of one year among co-inheritors.