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(영문) 부산지방법원동부지원 2017.07.07 2014가합4179

유류분반환

Text

1. The Defendant: (a) KRW 71,277,913 to Plaintiff B and KRW 5% per annum from January 6, 2015 to July 7, 2017; and (b).

Reasons

1. Facts of recognition;

A. D A. The deceased on November 21, 2014 (hereinafter “the deceased”) and the deceased’s heir were the Plaintiff B and the Defendant, the deceased’s spouse A and the deceased’s children.

B. The portion inherited by Plaintiff A is 3/7 and the portion inherited by Plaintiff B and the Defendant is 2/7, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 to 5, purport of the whole pleadings

2. The plaintiffs' assertion that there was a shortage of the plaintiffs' legal reserve of inheritance due to the plaintiffs' prior donation of real estate and cash from the deceased and the legacy of real estate.

The defendant shall return to the plaintiffs the shortage of legal reserve of inheritance stated in the claim.

3. Claim for restitution of legal reserve of inheritance:

(a) The calculation method of the shortage of the legal reserve of inheritance can claim the return of the legal reserve of inheritance to the co-inheritors to the extent of the shortage when there is a shortage in the legal reserve of inheritance due to the donation of inheritance to other co-inheritors, etc. of the inheritee, and the shortage in the legal reserve of inheritance is calculated as follows (hereinafter the same shall apply). Shortage in the legal reserve of inheritance = [A] x the amount of property forming the basis for the calculation of the legal reserve of inheritance x the ratio of the person having the right to the legal reserve of inheritance (B) - The special profit (C) - The amount of the person having the right to the legal reserve of inheritance - The amount of positive inheritance x the amount of the legal reserve of inheritance x the amount of inheritance x B = the amount of inheritance of the person having the right to the legal reserve of inheritance of the inheritee x 1/2 C = the amount of inheritance of the lineal descendants and the spouse of the inheritee + the amount

B. Legal reserve of inheritance (A) is calculated based on the amount calculated by adding the value of the property that the decedent had donated at the time of the commencement of the inheritance to the value of the property that the decedent had donated at the time of the commencement of the inheritance and deducting the amount of debt that the decedent had incurred at the time of the commencement of the inheritance (see Article 1113 of the Civil Act). Of co-inheritors, there is a person who benefits specially from the donation of property

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