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(영문) 대구지방법원 2018.10.18 2017나314883

유류분반환청구

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The parties’ inheritance relationship 1) D married with E, and caused the Plaintiffs and the Defendant, other than the Defendant, to have their children, F, G, H, I, J, and K. 2) died on May 7, 2002, and E died on December 17, 2004. < Amended by Act No. 7795, Dec. 17, 2004>

3) On December 30, 2014, D deceased on December 30, 2014. The Plaintiffs and the Defendant, F, G, H, H, and I’s children, J, and K’s network D (hereinafter “the deceased”).

B) Joint inheritance of the deceased’s property. (B) At the time of the deceased’s death, active property and its market value as at the time of the deceased’s death are as follows, and there was no small property. (i) 25.124 out of the 6m2 of the 6m2 of the Daegu Suwon-gu L road: 174,840 won: 20,368,587 won: 20,587 won: 20,543,427 won (=20,543,840 won) at the time of the deceased’s death; 20,543,427 won (i) at the time of the deceased’s death; 20,368,587 won); the purport of the entire pleadings as at the time of the entire pleadings is without dispute.

2. The Plaintiffs, as co-inheritors of the deceased, may seek the return of the donated property to the Defendant within the extent of the shortage when there was a shortage of legal reserve of inheritance due to the donation by the deceased to the Defendant, who is another co-inheritors.

Shortage in the calculation method of shortage in the legal reserve = [A] 】 Special benefit amount of the person entitled to the legal reserve of inheritance (B) - The net benefit amount of the person entitled to the legal reserve of inheritance (C) - A = positive benefit amount of the person entitled to the legal reserve of inheritance of inheritance of the person entitled to the legal reserve of inheritance of the person entitled to the legal reserve of inheritance of the person entitled to the legal reserve of inheritance of the person entitled to the legal reserve of inheritance of the person entitled to the legal reserve of inheritance of the person entitled to the legal reserve of inheritance of the person entitled to the legal reserve of inheritance of the person entitled to the legal reserve of inheritance of the person entitled to the legal reserve of inheritance x 1/23

B. Legal reserve of inheritance (A) is based on the calculation of legal reserve of inheritance, adding the value of the property at the time of the commencement of inheritance to the value of the property of the inheritee, and deducting the amount of inheritance obligation.