유류분반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The deceased C(hereinafter referred to as “the deceased”) died on July 29, 2012.
An heir has wife D and children, E, Plaintiff, F, Defendant, and G.
Shortage in the legal reserve = [A] 】 The special profit (C) at the person with the right to the legal reserve of inheritance ? The net profit (D) at the person with the right to the legal reserve of inheritance ? The amount of inheritance inheritance - B = the amount of inheritance 1/23 = the amount of the property acquired by the person with the right to the legal reserve of inheritance - the amount of the property acquired by the inheritance of the person with the right to the legal reserve of inheritance - the amount of the property acquired by the inheritance of the person with the right to the legal reserve of inheritance - The shortage in the legal reserve of inheritance claimed by the plaintiff against the defendant who is the plaintiff who is the plaintiff, shall be calculated according to the following formula:
Meanwhile, Article 108 of the Civil Act, which applies mutatis mutandis pursuant to Article 11118 of the Civil Act, provides that "in case where there is a person among co-inheritors who has received a donation of property or a testamentary gift from an inheritee, and the gift does not reach his/her own share of inheritance, there is a share of inheritance to the extent of the shortage in property." This is intended to treat the gift property as the advance payment of the share of inheritance in order to ensure fairness among co-inheritors in the case where there is a special beneficiary who received a donation of property or testamentary gift from the inheritee among co-inheritors, and to take this into account in calculating the specific share of inheritance (see Supreme Court Decision 93Da11715, Jun. 30, 195). Therefore, in case where there is a person who received special benefits from the donation of property from the inheritee by birth of property from the inheritee among co-inheritors, the provisions of Article 1114 of the Civil Act shall be excluded. Accordingly, such donation shall be included in property based on inheritance regardless of whether one year prior to inheritance, and whether both parties are aware of losses.