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(영문) 인천지방법원 2020.01.31 2017가합1406
유류분반환
Text

1. For the plaintiffs:

A. Defendant H’s annual interest in KRW 10,714,662 for each of them and the period from December 1, 2018 to January 31, 2020.

Reasons

Basic Facts

The deceased L (hereinafter “the deceased”) died on February 22, 2017, and the Plaintiffs, Defendant F, G, and H jointly inherited the deceased’s property as their children.

Defendant I’s spouse, Defendant K is Defendant H’s children, and Defendant J is Defendant F’s children.

【In the absence of dispute, there is a violation of the legal reserve of inheritance of the plaintiffs, who are co-inheritorss of the deceased, due to the real estate of the deceased, money, etc. against the Defendants of the deceased, and the donation of money, etc., the Defendants shall return the shortage of legal reserve of inheritance to the plaintiffs.

In the event there is a shortage in the plaintiffs' legal reserve due to the death donation of the deceased as co-inheritors as co-inheritors of the deceased, the plaintiffs can claim the return of legal reserve of inheritance to the extent of the shortage (Article 1115(1) of the Civil Act). We examine whether there is a shortage in the plaintiffs' legal reserve of inheritance.

The calculation method of shortage in the legal reserve of inheritance shall be calculated by adding the value of the donated property to the value of the property held by the decedent at the time of the commencement of the inheritance (Article 1113(1) of the Civil Act). The specific calculation method shall fall short of the legal reserve of inheritance = [A] x the basic amount of property calculated of the legal reserve of inheritance x the ratio of the person holding the right to the legal reserve of inheritance x (C) - The amount of the special benefit of the person holding the right to the legal reserve of inheritance - A = the amount of the positive donated property - B = the amount of inherited property 1/23 = the amount of the property acquired by the person holding the right to the legal reserve of inheritance - the amount of property acquired by the person holding the right to the legal reserve of inheritance - the amount of property acquired by the inheritance

The amount of basic property(A) with the calculation of legal reserve of inheritance No. 4-1 to 4, 9, 12, and No. 8.

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