(영문) 인천지방법원 2018.05.04 2015가합59746

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(영문) 인천지방법원 2018.05.04 2015가합59746

유류분반환

Text

1. The Defendant, with respect to the Plaintiff A’s share in 267,035,379/4,072,093,237 out of the land listed in the attached Table No. 1, the Plaintiff.

Reasons

1. Basic facts

A. D (hereinafter “the deceased”) died on October 17, 2015. At that time, E was married as the deceased’s spouse on May 24, 1961, and there was the Plaintiffs, the Defendant (C), F, G, and H as the lineal descendants of the deceased’s children.

B. Meanwhile, the Defendant married with I on November 25, 1987.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1 to 2-2, purport of whole pleadings

2. The gist of the plaintiffs' assertion is that the defendant not only received real estate, etc. from the deceased's deceased's deceased's deceased's death before the deceased's death, but also there was a shortage in the plaintiffs' legal reserve of inheritance due to the death of the deceased. Thus, the plaintiff A, like the purport of the claim, sought the return of the original property and the return of value against the defendant, and

3. Return of legal reserve of inheritance:

(a) Shortage in the calculation method of shortage in legal reserve of inheritance shall be calculated through the following accounting formula:

Shortage in the legal reserve = [A] 】 The amount of the property that forms the basis for calculating the legal reserve 】 the ratio of the person entitled to the legal reserve of inheritance (B) - The amount of the special profit (C) - The amount of the person entitled to the legal reserve of inheritance 】 The amount of the legal reserve of inheritance ＋ the amount of the positive inheritance ＋ the amount of the inheritance ＋ B 1/23 for lineal descendants and the spouse of the inheritee / the amount of the inheritance ＋ the amount of the property acquired by the person entitled to the legal reserve of inheritance / the amount of the property acquired by the person entitled to the legal reserve

B. At the time of the death of the deceased (A) who is the basis for calculating the legal reserve of inheritance (A) the following assets are not disputed between the parties, or may be recognized by comprehensively taking account of the following: (a) evidence Nos. 2-1, 3, 4, evidence Nos. 2-1 through 6; and (b) the result of this court’s commission of appraisal and the whole purport of arguments.

(1) The land listed in paragraph (1) of the attached Table 1 [Woo-gu, Incheon District Court on December 8, 2015 for the defendant].

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