유류분반환
1. The Defendant’s KRW 340,671,438 as well as 5% per annum from October 19, 2017 to May 8, 2019 to the Plaintiff.
1. The underlying factual network C (hereinafter “the deceased”) died on May 11, 2015, and the facts that the Plaintiff, the Defendant, 2, D, and E (Death at that time)’s spouse and children jointly inherited the property may be acknowledged as either the dispute between the parties, or the overall purport of the pleadings as a whole, as indicated in the evidence Nos. 1 and 2 (including the serial number).
2. The assertion and judgment
A. The Plaintiff’s assertion (1) The amount of the deceased’s property, which is the basis for calculating the Plaintiff’s legal reserve, was KRW 2,865,844,00 as indicated in the separate sheet received by the Defendant, D, and E, and KRW 3,543,38,278 as the Defendant donated, and KRW 442,922,910 as the Plaintiff’s legal reserve amount was KRW 442,922,910 as the Plaintiff’s legal reserve amount was 341,050,640 as the proportion of the property donated in excess of his/her legal reserve amount, among co-inheritors on February 13, 2019, the Defendant did not reduce the amount of the previous claim.
shall be liable to return.
(2) In calculating the amount of the property, which is the basis of calculating the Defendant’s assertion on the legal reserve of inheritance, the amount of loans equivalent to approximately KRW 5.4 million against the deceased’s F association should be deducted. Since legal reserve of inheritance is the principle of return of the original property, the return of the value claimed by the Plaintiff cannot be recognized.
B. (1) The calculation of shortage in legal reserve of inheritance is calculated as follows, and is find in the order below.
Shortage in the legal reserve = [A] 】 The special benefit of the person with the right to the legal reserve of inheritance 】 - (C) - the net benefit of the person with the right to the legal reserve of inheritance ? (D) ＋ the positive benefit of the heir with the right to the legal reserve of inheritance / the amount of gift / the amount of the heir's lineal descendant and spouse 23 = the increased amount of the heir's legal reserve of inheritance / the amount of the heir's property d = the amount of the property acquired by the person with the right to the legal reserve of inheritance / the amount of the heir's property - the amount of the heir's debt 2) calculated.