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(영문) 광주지방법원 순천지원 2018.01.18 2016가단75569

손해배상(기)

Text

1. The Plaintiff, Defendant B, Defendant C, Defendant C, Defendant C, and Defendant D, KRW 6,625,00 and each of the above amounts.

Reasons

1. Basic facts

A. The Plaintiff and Defendant B inherited each third share of E’s property as the sibling of E on June 13, 2016.

Defendant C and D are children of Defendant B.

B. On March 22, 2016, E donated KRW 250,000,00 to Defendant B.

C. On June 3, 2016, E donated KRW 53,000,00 to Defendant D.

E on June 4, 2016, donated to Defendant C the F. 559 square meters in Jeonnam-gun, its ground wooden houses, and warehouses.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 4, 7, 8, Eul evidence Nos. 1, Eul evidence Nos. 1, and Eul evidence Nos. 3, and the result of the financial transaction information inquiry conducted on March 31, 2017, the purport of the whole pleadings

2. Claim for restitution of legal reserve of inheritance:

(a) The calculation method of shortage in the legal reserve of inheritance shall be calculated by adding the value of the donated property to the value of the active property of the inheritee at the time of commencing the inheritance, deducting the total amount of the debt, and then multiplying the legal reserve of inheritance by the ratio of the legal reserve of inheritance under Article 11112 of the Civil Act (Article 1113(1) of the Civil Act), and when the person having the right to the legal reserve of inheritance obtains special profits, the amount

The shortage in the amount of the legal reserve of inheritance is calculated by deducting the amount of property acquired by inheritance from the amount of the legal reserve of inheritance, if the person with the right to the legal reserve of inheritance has any obligation to pay to the person with the legal reserve of inheritance, adding the amount.

If this is indicated in the calculation formula, it shall be as follows:

Shortage in the legal reserve = [A] 】 Special benefit rate of the person having the right to legal reserve (B) - The net benefit (C) of the person having the right to legal reserve of inheritance / The amount of positive inherited property + the amount of inheritance / 1/33 of the amount of inheritance / the amount of inheritance / the amount of inheritance / the amount of inheritance / the person having the right to legal reserve of inheritance / the amount of inheritance / the amount of inheritance / the amount of inheritance and the amount of inheritance / the amount of inheritance /

B. Property that forms the basis for the calculation of legal reserve of inheritance.