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(영문) 의정부지방법원 2015.09.11 2013가단15821
유류분반환
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. G (hereinafter, “the Deceased”) died on January 19, 2013, and his heir is the Plaintiffs, who are children, and Defendant D.

B. Defendant D died on August 16, 2013, while the instant lawsuit was pending.

C. Although there are N and F, the wife F and A, the heir of the Defendant Network D, F renounced the inheritance, E took over the instant lawsuit.

The deceased’s inherited property (hereinafter, “ inherited property”) has 165/1320 square meters, among 364 square meters, 165/1320, 165/1320, J-road 20 square meters, and 516 square meters in K.

E. On March 26, 2012, the Deceased completed the registration of ownership transfer on the ground of donation on the 21st of the same month with respect to each real estate listed in the separate sheet.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Eul evidence 4, Eul evidence 1, Eul evidence 3, Eul evidence 5, Eul evidence 6 (including partial numbers), and the purport of the whole pleadings.

2. The assertion and judgment

A. The Plaintiffs asserted that Defendant D’s gift of each real estate listed in the separate sheet from the deceased, thereby infringing on the Plaintiffs’ legal reserve of inheritance, and sought a return of legal reserve of inheritance as stated in the claims.

B. The amount of legal reserve of inheritance shall be calculated by multiplying the total value of the property that the decedent had at the time of the commencement of the inheritance by the ratio of the legal reserve of inheritance under Article 1112 of the Civil Act, which is the basis for calculating the legal reserve of inheritance after deducting the total amount of the debts that the decedent had assumed at the time of the commencement of the inheritance from among those amounts

The amount of infringement of the legal reserve of inheritance shall be calculated by deducting the special profit amount of the person with the right to the legal reserve of inheritance from the amount of the equivalent legal reserve of inheritance (=affirmative amount of property acquired by inheritance - the share of inheritance).

Therefore, in order to recognize the plaintiffs' claim for restitution of forced inheritance, the entire inherited property at the time of the commencement of inheritance, which is the basis for calculating forced inheritance.

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