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(영문) 대구지방법원안동지원 2020.03.25 2017가단22865
유류분반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The facts without dispute are the children of Defendant F, the Plaintiff, and H as the deceased I (Death on September 14, 2016, hereinafter “the deceased”)’s heir, and Defendant G is the spouse of Defendant F.

2. The Plaintiff’s assertion that each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) was donated to the Defendants by the Plaintiff’s assertion that there was a shortage in the Plaintiff’s legal reserve of inheritance because there was a shortage in the Plaintiff’s legal reserve of inheritance. Thus, the Defendants should return shortage to the Plaintiff.

3. Shortage in legal reserve of inheritance.

(a) The calculation method of shortage in legal reserve of inheritance shall be calculated by adding the value of donated property to the value of the property owned by an ancestor at the time of commencing the inheritance, and deducting

(Article 113(1) of the Civil Act. The specific calculation method is as follows: The basic property (A) in calculating the legal reserve of inheritance 】 the special profit (C) at the person having the right to the legal reserve of inheritance - the net amount of inheritance (D) at the person having the right to the legal reserve of inheritance ? A = the affirmative inherited property - the legal reserve of inheritance ? the legal reserve of inheritance 】 the legal reserve of inheritance = D = the amount equivalent to the amount equivalent to the legal reserve of inheritance = the positive property - the inheritance share of the person having the right to the legal reserve of inheritance - the inheritance share.

B. (A) There is no active inherited property possessed by the deceased at the time of commencing the inheritance of property recognized as basic property (A) in calculating the legal reserve of inheritance, and the following is examined:

(A) The Defendants asserted that the right to permit the mooring of the deceased’s name in the name of the deceased and the deposit claim of the deceased’s active inherited property. However, since both the Plaintiff and the Defendants did not assert any assertion as to the property value and deposit amount of the above permit, they shall be deemed not to be included in the active inherited property). (A) Donation to the Defendants against the Defendants ① The Deceased’s donation to the Defendant F on December 12, 1998.

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