(영문) 부산지방법원 2017.03.16 2016가단19448

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(영문) 부산지방법원 2017.03.16 2016가단19448

유류분

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1. The Defendant’s KRW 10,387,012 as well as the Plaintiff’s annual rate of KRW 5% from June 6, 2015 to March 16, 2017.

Reasons

1. Basic facts

(a) the net C et al. is not more than the network;

A) A separate lawsuit was filed against the Defendant, E, the Defendant, the Plaintiff, and F (this Court Decision 2015Da62735, supra, seeking the return of legal reserve of inheritance against the Defendant.

(A) the deceased G (or without spouse and child).

B. The deceased died on June 6, 2015, and the E, Defendant, Plaintiff, and F four persons were co-inheritors.

B. At the time of the death, the Deceased’s “real estate on inheritance” refers to the land and building listed in the Appendix 1 List.

in its own name.

C. The Deceased’s land and buildings listed in the attached list No. 2 (hereinafter “the donated real estate”).

(D) The Plaintiff filed the instant lawsuit seeking payment, asserting that the Defendant was liable to return the amount stated in the purport of the claim to the Plaintiff, on the grounds that the Plaintiff was obligated to return the amount stated in the purport of the claim to the Plaintiff, on October 22, 2009, because the Plaintiff had owned the real estate donated from the deceased on the ground of donation on the same date.

2. Determination

A. The plaintiff can seek the return of the legal reserve of inheritance against the defendant within the extent of the shortage when there is a shortage of legal reserve of inheritance due to the deceased's donation or testamentary gift. The calculation method of the shortage of legal reserve of inheritance of the plaintiff is as follows.

Shortage in the legal reserve = [A] 】 The amount of property on the basis of calculation of the legal reserve of inheritance 】 - The amount of special revenue (C) from the person with the right to the legal reserve of inheritance - The amount of net inheritance (D) of the person with the right to the legal reserve of inheritance ＋ the amount of positive inherited property ＋ 1/23 of the amount of inheritance of the inheritee / The amount of inheritance of the lineal descendants of the inheritee ＋ the amount of inheritance of the person with the right to the legal reserve of inheritance ＋ the amount of inheritance of the person with the right to the legal reserve of inheritance

유사 판례

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