(영문) 울산지방법원 2017.01.13 2016가단50503

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(영문) 울산지방법원 2017.01.13 2016가단50503

유류분반환청구소송

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1. The Defendants:

(a) Of each real estate listed in the separate sheet, each corresponding share specified in paragraph 1 of the attached Table;

Reasons

1. Basic facts

A. The deceased I (hereinafter “the decedent”) married with J, set up Plaintiff A, B, C, and network K, L, network M, and N as his child.

Defendant G is the wife of L, and Defendant H is L's children.

B. The Network K died on February 8, 1991, and Plaintiff D, E, and F, his child, succeeded to the network K.

C. The decedent died on July 24, 2006.

The wife, according to the 3/17's share of inheritance, the plaintiff A, B, C, L, network M, and N, who are their children, inherited each decedent according to the 2/17's share of inheritance, and the plaintiff D, E, and F, who are their children, inherited by representation the decedent according to the 2/17's share of inheritance.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2 (including provisional number), Eul evidence 1-1 to 3, the purport of the whole pleadings

2. Since the legal reserve of inheritance of the plaintiffs, the heir of the deceased, was infringed due to the legacy against the defendants of the deceased's assertion, the defendants should return the legal reserve of inheritance within the scope of the property which the plaintiffs infringed on.

3. In a case where there is a shortage of the plaintiffs' forced inheritance due to legacy made by the ancestor against the defendants, the plaintiffs can seek the return of the property bequeathed to the defendants within the extent of the shortage as the heir of the inheritee. Thus, we examine whether there is a shortage of the plaintiffs' forced inheritance.

A. The calculation method of the plaintiffs' shortage in legal reserve of inheritance is as follows:

Shortage in the legal reserve = [A] 】 The ratio of the legal reserve of inheritance to the person entitled to the legal reserve of inheritance (B) - The amount of the special profit (C) - A/D of the person entitled to the legal reserve of inheritance of the inheritance of the deceased - The amount of the legal reserve of inheritance of the deceased 1/23 = the amount of the legal reserve of inheritance of the deceased / the amount of the legal reserve of inheritance of the deceased / the amount of the inheritance of the lineal descendants of the deceased / 1/23

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