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(영문) 서울중앙지방법원 2018.04.26 2016가단5296624

유류분반환청구의 소

Text

1. The Plaintiff:

A. Defendant B’s KRW 27,764,209 as well as 5% per annum from December 21, 2016 to April 26, 2018.

Reasons

1. Facts of recognition;

A. D A. On September 2, 2016, the deceased (hereinafter “the deceased”), and Defendant C, the wife, and the Plaintiff, E, and Defendant B succeeded to the deceased.

B. The deceased’s inherited property and the property donated to the Defendants are as shown in the attached calculation sheet.

C. The money transferred by the deceased to the financial account of the Defendants and E is as stated in the separate account transfer.

[Evidence] Facts without dispute, Gap 1 through 18, 21, 22, the purport of the whole pleadings

2. The summary of the Plaintiff’s assertion is that the Defendants received donations before the Deceased’s birth and received special benefits.

The shortage of the plaintiff's legal reserve of inheritance is the same as the claim.

The Defendants, as special beneficiaries, are obliged to pay to the Plaintiff any shortage in legal reserve of inheritance and any damages for delay.

3. Determination

A. Legal doctrine 1) Shortage in calculating shortage in the legal reserve = [A] calculated as the basis for calculating the legal reserve 】 Special benefit amount of the person entitled to the legal reserve - (C) calculated as the basis for calculating the legal reserve - The net benefit amount of the person entitled to the legal reserve - The amount of inheritance - The amount of inheritance - The amount of inheritance - the amount of inheritance - the amount of inheritance - 1/2 C = the amount of the property acquired by the person entitled to the legal reserve - the amount of the property acquired by the person entitled to the legal reserve - the amount of inheritance - the amount of the property acquired by the person entitled to the legal reserve - the amount of inheritance - 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 amount of the inheritance - the amount of the real property - whether the donation was excluded from the application of Article 1114 of the Civil Act one year prior to the commencement of inheritance, regardless of whether both parties know that damages.

(See Supreme Court Decision 95Da17885 delivered on February 9, 1996). In a case where there are several co-inheritors who received a gift or testamentary gift, the value of each gift or testamentary gift received shall be the value of the property, etc.