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(영문) 서울고등법원 2020.01.15 2018나2059930
유류분 반환청구
Text

1. The part against Defendant F and H in the judgment of the first instance shall be modified as follows:

1 Defendant F shall be against Plaintiff A, and C.

Reasons

1. Basic facts

A. The deceased I (hereinafter “the deceased”) established Defendant E, a child born out of wedlock between Plaintiff A, Defendant F, Defendant F, Defendant C, and Defendant B, a spouse, and died on August 26, 2015.

B. The deceased’s legal heir is the total of five persons who are Plaintiff A, Defendant F, Plaintiff C, and Plaintiff B, the spouse of the deceased, and Defendant H is the spouse of Defendant F.

C. Meanwhile, Defendant G was placed in J as a child other than Defendant E, and the Deceased was living with Defendant G around 2014 while living with Defendant G, and lived with K.

The value of active property owned by the deceased at the time of his death is KRW 570,519,998, and there is no small property.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 14 (including branch numbers in case of provisional number; hereinafter the same shall apply), Eul evidence 1 and 2, and the purport of the whole pleadings

2. Determination as to the plaintiffs' claims

(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 detailed method of calculation shall be as follows:

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

B. A donation to a third party, who is not a co-inheritors, in principle, with respect to the calculation of the legal reserve of inheritance (A) may be claimed only for one year prior to the commencement of the inheritance. However, both parties shall be liable to recover the legal reserve of inheritance at the time of donation.

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