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(영문) 제주지방법원 2019.09.18 2018나1667
유류분반환
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. On February 28, 2016, the parties’ relevant C (hereinafter “the deceased”) died and jointly inherited property by 10 children, namely, the Plaintiff, the Defendant, S, T, Q, U, N, V, W, and R, respectively.

B. At the time of the deceased’s death at the time of the deceased’s inheritance, the value of the property is 743,918,100 won as stated in the attached Table 2 list.

C. The facts that there is no dispute over the delinquent local taxes amounting to KRW 1,009,510 at the time of the deceased’s death (based on recognition), each entry of KRW 1-3,8,9, and KRW 1,000,000, and KRW 1,000,000,000,000,000,000,000,000,000

2. Shortage in judgment with respect to the legal reserve of inheritance = [A] 】 Special benefit of the person holding the right to the legal reserve of inheritance (C) - The amount of net benefit of the person holding the right to the legal reserve of inheritance (D) - The amount of positive inherited property - B = 1/23 of the amount of inheritance with respect to lineal descendants of the inheritee / the amount of inheritance with respect to the legal reserve of inheritance = the amount of the property acquired by the person holding the right to the legal reserve of inheritance of the inheritee - the amount of the property acquired by the person holding the right to the legal reserve of inheritance of the inheritee - the amount of the property

(a) Method of calculating shortage in legal reserve of inheritance;

B. The scope of return of the basic property (A) in calculating the Plaintiff’s legal reserve of inheritance is based on the amount of legal reserve of inheritance obtained by multiplying the amount of the property by the ratio of the claimant’s legal reserve of inheritance after evaluating the total property of the deceased’s net property and the donated property at the time of the commencement of inheritance. In calculating the amount of legal reserve of inheritance, the market price of the property donated to the person liable for return shall be calculated as at the

(see Supreme Court Decision 2004Da51887, Jun. 23, 2005). Also, Article 1114 of the Civil Act provides that donations included in property, which is the basis for calculating legal reserve of inheritance, have been performed in principle for one year prior to the commencement of inheritance, but on the other hand, Article 1118 of the Civil Act.

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