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(영문) 광주지방법원 해남지원 2018.04.25 2017가합3356

유류분반환

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

The deceased E (hereinafter referred to as “the deceased”) died on August 19, 2014, and the deceased’s heir was the Plaintiffs, the Defendant, and the F.

(A) On May 22, 2013, G, the deceased’s wife, died on July 20, 199). A total of KRW 234,708,500 (hereinafter “the instant purchase price”) was deposited in the account in the Defendant’s name.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 7, and the purport of the entire argument of the plaintiff as to the purport of the argument, the deceased donated the purchase price of this case to the defendant who was a woman before his birth, and the defendant acquired the sale price of the deceased's forest work after his death.

As a result, since the plaintiffs violated the legal reserve of inheritance, they seek the return of the infringed legal reserve of inheritance against the defendant.

Judgment

The shortage in the calculation method of the shortage in legal reserve of inheritance may be calculated through the following calculation formula:

Shortage in the legal reserve = [A] 】 Special benefit amount of the person entitled to the legal reserve 】 (B) - The net benefit amount of the person entitled to the legal reserve / (C) / The amount of positive inherited property + 1/23 of the inheritance amount / 1/3 of the person entitled to the legal reserve / 23 of the inheritance amount / the lineal descendant and spouse of the inheritee / The amount of the inheritance amount / the amount of the property acquired by the person entitled to the legal reserve / The amount of the inheritance / the amount of the property acquired by the person entitled to the legal reserve / the inheritance amount / the amount of the property calculated only for one year prior to the commencement of the inheritance / the amount of the property subject to the legal reserve - the property subject to the determination as to whether the person entitled to the legal reserve - where both parties have made a donation knowing that the person would inflict damage on the person entitled to the legal reserve of inheritance, it shall be excluded from the application pursuant to Article 1114 of the Civil Act.

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