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(영문) 부산지방법원 2019.04.24 2017가합42039
유류분반환청구의 소
Text

1. Defendant B:

(a) Of the real property listed in paragraph 2 of the Schedule, with respect to shares of 449,171,639/8,645,851,50, among the real property listed in the Schedule,

Reasons

1. Facts of recognition;

A. The deceased F (hereinafter “the deceased”) had the Plaintiff, Defendant B, and E as their children between the deceased G, and Defendant C and D are the children of Defendant B.

B. G died on February 13, 1993, and the Deceased died on December 31, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The Plaintiff’s assertion was infringed upon the Plaintiff’s legal reserve of inheritance by donating the real estate listed in paragraph (1) of the attached list (hereinafter “instant real estate”) to Defendant E, co-inheritors, as well as the 2/4 shares among the 2 through 6 real estate, respectively.

In addition, the defendant C and D received 1/4 shares from the deceased among the 2 through 6 real estate, knowing that they would be detrimental to the plaintiff, who is the right holder of legal reserve of inheritance.

Therefore, the Plaintiff, Defendant B, C, and D are obligated to return all originals related to the real estate 2, 3, and 4, and to return the value of the real estate 5, 6, and Defendant E is obligated to return the originals related to the real estate 1.

3. Return of legal reserve of inheritance:

A. The plaintiff, as the inheritor of the deceased, can seek the return of the legal reserve of inheritance to the extent of the shortage when there is a shortage in the plaintiff's legal reserve of inheritance due to the birth donation to the Defendants of the deceased. The calculation method of shortage in legal reserve of inheritance is as follows.

Shortage in the legal reserve = [A] (the basic amount of property calculated as the legal reserve 】 the ratio of the person entitled to the legal reserve 】 the special profit (C) - the amount of the person entitled to the legal reserve - the amount of the net inheritance (D) of the person entitled to the legal reserve - the amount of the inherited property - B = the amount of the inherited property 1/23 = the amount of the property acquired by the person entitled to the legal reserve - the amount of the property acquired by the person entitled to the legal reserve - the amount of the inherited property - the amount of the property

B. 1) Legal reserve of inheritance between the deceased and the deceased is the basic property (A) in calculating the legal reserve of inheritance.

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