유류분반환
1. The judgment of the first instance court, including the modification of the claim in this court, shall be modified as follows:
2. The plaintiff
1. The reasoning for the court’s explanation on this part is that the “2,273,625 won” of the third 3-party 3 of the judgment of the court of first instance is “2,732,625 won,” and the “4,463 square meters” of the third 13-party 13 shall be “1,450 square meters,” and it is identical to the corresponding part of the judgment of the court of first instance. Thus, this part shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Determination
(a) The calculation method of shortage in legal reserve of inheritance shall be calculated by adding the value of the donated property at the time of the commencement of the inheritance by deducting the total amount of debts; and
(Article 113(1) of the Civil Act. The specific calculation method is as follows = [The amount of basic property (A) in calculating the legal reserve of inheritance x (B) with the person having the right to the legal reserve of inheritance - the amount of special profit (C) with the person having the right to the legal reserve of inheritance - the amount of net inheritance (D) with the person having the right to the legal reserve of inheritance - the amount of positive donated property - B with the amount of inherited property / 1/23 with the lineal descendant and spouse of the inheritee / the amount of inherited property with the legal reserve of inheritance = the amount of property acquired by the person having the right to the legal reserve of inheritance - the
B. According to Article 1114 of the Civil Act, the basic amount of property(A) calculated as the basis for the calculation of the legal reserve of inheritance (A), a donation to be included in the basic property for the calculation of the legal reserve of inheritance was made for one year prior to the commencement of the inheritance. However, when both parties knew that damage would be inflicted on the person entitled to the legal reserve of inheritance, the donation made one year prior to the commencement of the inheritance includes the donation
However, in a case where there is a person among co-inheritors who has made a special benefit from the pre-sale donation of property from the inheritee, the provisions of Article 1114 of the Civil Code shall be excluded. Accordingly, the donation shall be included in basic property for calculating legal reserve of inheritance regardless of whether it had been before the commencement of inheritance one year, whether both parties knew that the damage would be caused by the pre-sale donation of property, and whether it has been included in basic property for calculating legal reserve of inheritance.