유류분반환
1. In the judgment of the court of first instance, the part against the defendant among the part against the plaintiff's defendant (citing the plaintiff's claim).
1. The basic facts (1) H had children from J, K, L, M, N,O, the first instance trial joint Plaintiffs A, the Plaintiff, and the Defendant between the wife I (Death on April 23, 1995) and the Defendant, and K had the co-defendant D, E, and F as their children between the Co-Defendant C of the first instance trial.
(2) K died on April 6, 1984, and H died on January 16, 2012.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, 2-2, Gap evidence 3-1 and 3-2, the purport of the whole pleadings
2. The details of the deceased H’s gift to the inheritors, including the Plaintiff’s assertion, are as shown in the attached sheet No. 1(total) (hereinafter “the instant sheet.” However, although the person who is not the party to the trial is also the party to the trial, the Plaintiff’s claim and the cause of the claim were cited as is attached to the Plaintiff’s application for modification of the purport of the claim and the cause of the claim on July 13, 2015). Since the Defendant infringed the Plaintiff’s legal reserve of inheritance, who is the deceased H’s co-inheritors, by receiving the real estate indicated in the instant sheet from the deceased H from the gift, thereby infringing the Plaintiff’s legal reserve of inheritance, the Defendant is liable
3. Determination
A. The method of determining shortage in the legal reserve of inheritance and the method of judgment in this case (1) when the person holding the right to legal reserve of inheritance does not reach the legal reserve of inheritance due to the gift or testamentary gift of the inheritee, the person can recover the shortage within the extent of shortage. When there are several persons who received the gift or testamentary gift, each person shall return the shortage in the legal reserve of inheritance to the proportion of the testamentary gift value (Article 1115 of the Civil Act). Under the Civil Act
Shortage in legal reserve of inheritance = Amount of legal reserve of inheritance [property that forms the basis for calculation of legal reserve of inheritance (property actively donated at the time of commencement of inheritance ? amount of inheritance debts) 】 rate of legal reserve of inheritance (one percent of inheritance inheritance in cases of lineal descendants and spouse of the inheritee)] - the person with the right to legal reserve of inheritance.