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(영문) 인천지방법원 2020.10.20 2020가합54431

유류분 청구

Text

1. Defendant C:

A. 157,498,638 won to Plaintiff A and 5% per annum from September 15, 2017 to October 20, 2020, respectively.

Reasons

Basic facts G died on February 22, 2017

(hereinafter “B”. H, the deceased’s spouse, died on September 9, 2007, and H as the deceased’s heir, the deceased’s children, I, J, B, Plaintiff A, Defendant C, and K.

J gives up inheritance and the heir's share of inheritance is 1/5, respectively.

Defendant C and Defendant D are married, and Defendant E and Defendant F are children.

【In the absence of dispute, the Plaintiffs asserted the overall purport of the arguments and arguments of evidence Nos. 1, 2, 8, and 11 (including the number of pages; hereinafter the same shall apply). The Plaintiffs asserted that the Plaintiffs primarily received donations from Defendant C before the deceased’s birth, and that the rest of the Defendants received donations from the deceased, as indicated in the primary purport of the claim against Defendant C, on the ground that there is a shortage in the Plaintiffs’ legal reserve, and thus, Defendant D, E, and F sought a refund of value as stated in the primary purport of the claim against the deceased, and that if the Defendants except Defendant C received donations from the deceased, and as such, Defendant C did not recognize that the rest of the Defendants except Defendant C received donations from the deceased, the Defendants should return to the Plaintiffs the same money as stated in the preliminary purport of the claim calculated at the ratio of the amount of the Defendants’ increase

Judgment

Legal reserve of inheritance, which is the basis for calculating legal reserve of inheritance, shall be calculated on the basis of an amount calculated by adding the value of donated property at the time of the commencement of inheritance to the value of donated property at the time of the commencement of inheritance, and after deducting the amount of inherited property. In cases where there are persons among co-inheritors who have made special profits by a pre-sale donation of property from the inheritee, such donations shall be excluded from the application of Article 1114 of the Civil Act, and such donations shall be included in basic property for calculating legal reserve of inheritance regardless of whether they were prior to the commencement of inheritance one year, and whether both parties knew that they would inflict losses (see, e.g., Supreme Court Decision 95Da178