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(영문) 울산지방법원 2018.03.16 2017가단8493

유류분반환

Text

1. The defendant,

A. Each of the KRW 25,389,806 against Plaintiff A, B, and C and the interest rate thereon shall be from December 7, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiffs and the Defendant are the deceased F’s children, and the deceased deceased’s heir on February 24, 2017.

B. The net F bequeathed the Defendant of Ulsan-gu G G 249.9 square meters and its ground buildings, and the Defendant completed the registration of ownership transfer on March 10, 2017.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, purport of whole pleadings

2. The Plaintiffs’ forced inheritance was infringed upon by donating property to the Defendant before the Plaintiffs’ assertionF died.

Accordingly, the plaintiffs seek to pay the shortage of legal reserve in cash as the return of legal reserve of inheritance.

3. Determination

A. Article 1113(1) of the Civil Act provides that “The legal reserve of inheritance shall be calculated by adding the value of the property at the time of the commencement of the inheritance of the inheritee to the value of the property at the time of the commencement of the inheritance and deducting the total amount of the debt.” The specific method of calculation is as follows.

Shortage in the legal reserve = [A] 】 The amount of property that forms the basis for calculating the legal reserve 】 the amount of special profit (C) - The amount of net inheritance (D) of the person holding the right to the legal reserve / The amount of the right to the legal reserve / The amount of inherited property / The amount of inherited property / B = the amount of inheritance debts / The amount of inheritance debts / C = the amount of property acquired by the person holding the right to the legal reserve - the amount of inheritance debts / the amount of inheritance debts / the amount of inheritance debts / the amount of property acquired by the person holding the right to the legal reserve / the

B. According to Article 1114 of the Civil Act, a gift to be included in the basic property in calculating the legal reserve of inheritance pursuant to the relevant legal doctrine, which is the basis of calculating the legal reserve of inheritance, is in principle limited to a gift made for one year prior to the commencement of the inheritance. However, when both parties knew that it would inflict damage on the right holder of the legal reserve of inheritance, a gift made for one year prior to the commencement

However, among co-inheritors, special benefits have been made by the pre-living gift of the inheritee.