유류분반환 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts without dispute;
A. The parties C died on February 28, 2016.
The heir of C (hereinafter referred to as "the deceased") has ten lineal descendants, including the plaintiff and the defendant.
B. At the time of the death of the deceased, the deceased had the following real estate at the time of the death, and the value at the time of the death of the above real estate is equal to the value below 743,918,100 won in total.
On the other hand, the deceased did not pay 1,009,510 won of local tax at the time of death.
1. Seogpo-si D 1,216,800 won;
2. Western-si E 189,292,400 won;
3. Western-si F. 69,615,800 won; and
4. Seogpo-si G 33,634,600 won;
5. Seogpo-si H 10,192,00 won;
6. Seocho-si I 51,788,400 won.
7. Seogpo-si J 388,178,100 won;
C. In August 2017, the deceased’s donation to the Defendant of the deceased’s birth, on or around August 2017, the following real estate was donated to the Defendant, and the value of the above real estate is as follows, and the total value thereof is KRW 990,464,00.
1. Western-si 11,906,00 won; and
1. Lane land 139,147,300 won at Seopoposi;
1. Seogpo-si M 839,411,600 won;
2. Determination:
(a) Shortage in the calculation method of shortage in the legal reserve = [A] 】 Special benefit amount from the person with the right to the legal reserve of inheritance (C) - The amount of net benefit from the person with the right to the legal reserve of inheritance (D) / The amount of positive inherited property / The amount of inheritance / The amount of inheritance / The amount of inheritance / the lineal descendants and the spouse of the inheritee 1/23 = the amount of inheritance / the amount of inheritance / the amount of inheritance / the amount of inheritance / the amount of inheritance / the amount of inheritance - the amount of property acquired by the person with the right to the legal reserve of inheritance - the amount
B. The gift, which is the basis of calculating the legal reserve of inheritance, shall be calculated in accordance with the provisions of Article 1113 only when it was performed within one year prior to the commencement of inheritance, and when both parties knew that damage would be inflicted on the person entitled to legal reserve of inheritance, it shall include the donation made before one year (Article 1114 of the Civil Act). However, among co-inheritors, the donation of the property from the inheritee shall be made by the decedent