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(영문) 수원지방법원 2016.06.14 2014가합61299
유류분반환
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

Basic Facts

A. Inheritance Relations E (hereinafter “E”) married with Nonparty F, and formed the Plaintiffs and Defendant C, Nonparty G, H, I, J, K, K, and L (45 South and North). The F died first of the inheritee on February 2, 2008, and the decedent died on June 27, 2013, and the decedent’s children jointly inherited his/her property.

On the other hand, Defendant D is the son of the inheritee as the son of Defendant C.

(b) Current status of land and the current status of land owned by the decedent before his/her predecessor changes in ownership and the changed ownership shall be listed in the attached Table;

However, since the land in the attached list Nos. 1, 37, 39, and 40 is the property of which the decedent obtained a title trust from a clan or Nonparty M, it shall be excluded from the land owned by the decedent.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-2, 3, and 3-1, 2, and 4-1 to 42, Eul evidence 2, 3, and 4-2, and the purport of the whole pleadings

2. The gist of the plaintiffs' assertion was that the defendants received a large number of real estate and cash donations from the inheritee and infringed on the plaintiffs' legal reserve of inheritance, which are co-inheritors, so the plaintiffs' legal reserve of inheritance should be returned as stated in

3. Determination

A. When there is a shortage of legal reserve of inheritance due to testamentary gift or gift of the inheritee’s property to the Defendants as co-inheritors, the Plaintiffs are entitled to claim the return of legal reserve of inheritance to the extent of the shortage.

B. Since the calculation method of shortage in the legal reserve of inheritance falls short of the calculation method is as follows, it is examined whether there is a shortage in the legal reserve of inheritance of the plaintiffs accordingly.

Shortage in the legal reserve = Amount of the legal reserve of inheritance (A) 】 (B) - Special revenue (C) from the person entitled to the legal reserve of inheritance ? The amount of the legal reserve of inheritance + the amount of the active inherited property + the amount of the legal reserve of inheritance + the amount of donated property.

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