유류분반환청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The primary fact-finding network E (hereinafter “the deceased”) died on August 25, 2013, and the heir was the wife F and his children, the Plaintiff B (C), the Defendant C (C), and the Defendant D’s heir, and there is no dispute between the parties.
2. The calculation method of shortage in legal reserve of inheritance is the case where the plaintiff seeks payment of shortage in legal reserve of inheritance such as the claim for return of legal reserve of inheritance against the defendants who are co-inheritors. In light of the calculation process of legal reserve of inheritance, first of all, the value of the property that the predecessor had at the time of the commencement of inheritance should be added to the total value of the property that the predecessor had at the time of the commencement of inheritance, and among which the total amount of the property
In the case there are many persons with the right to the legal reserve of inheritance, the proportion of the legal reserve of inheritance should be multiplied by the ratio of the legal reserve of inheritance under the Civil Code Article 1112, and the amount should be deducted when the person with the right to the legal reserve of inheritance receives the special benefit property.
Finally, the amount of infringement of the legal reserve of inheritance is calculated by deducting the amount of property acquired by inheritance from the amount of the legal reserve of inheritance, if there is an inheritance obligation to be borne by the person with the right to the legal reserve of inheritance.
It is indicated in the calculation formula as follows:
Shortage in the legal reserve = [A] 】 Special profit-making (C) with the person entitled to the legal reserve of inheritance 】 The net profit-making (D) with the person entitled to the legal reserve of inheritance ＋ the amount of positive inherited property ＋ 1/23 with respect to the spouse and lineal descendant of the inheritee ＋ the increased amount of inheritance with respect to the legal reserve of inheritance / the amount of inheritance with respect to the spouse and lineal descendant of the inheritee / D = the amount of property acquired by the person entitled to the legal reserve of inheritance - the amount of inheritance with respect to the legal reserve of inheritance - the amount of inheritance share while the legal reserve of inheritance share.