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(영문) 서울중앙지방법원 2019.05.02 2017가단5112716
유류분 반환
Text

1. The plaintiff

A. Defendant B’s share in 26,068,106/138,189,866 out of the shares in 1/3 of the real estate listed in Appendix 1’s Schedule.

Reasons

Basic Facts

E (hereinafter referred to as “the deceased”) had Nonparty F and Defendants as their children between the wife and Nonparty F, and died on January 11, 2016.

The Deceased did not remain an inheritance obligation at the time of death, and there was no positive inherited property.

[Based on recognition] Facts without dispute, Gap evidence Nos. 1 (including additional number), and a method of calculating shortage in judgment as to the cause of claim for the entire purport of the pleadings, shall add the value of the property which the predecessor donated to the whole value of the property held at the time of the commencement of the inheritance, and among them, determine the amount of the property on which the predecessor deducted the total amount of the debt borne at the time of the commencement of the inheritance,

Therefore, the amount of legal reserve shall be calculated by multiplying the calculated amount of the property by the ratio of the legal reserve under the Civil Code Article 1112, and when the person with legal reserve of inheritance gains special profits, the amount should be deducted.

The amount of infringement of the legal reserve of inheritance shall be calculated by deducting the amount of property acquired by inheritance from the amount of the legal reserve of inheritance calculated as above, if the person with the right to the legal reserve of inheritance has an inheritance obligation to be borne by the claimant.

If this is indicated in the calculation formula, it shall be as follows:

The amount in violation of the legal reserve = [A] 】 Special benefit rate of the person having the right to the legal reserve 】 (B) - The net benefit amount (C) of the person having the right to the legal reserve of inheritance + the amount of positive inherited property + the amount of inheritance + 1/2C of the person having the right to the legal reserve of inheritance + the amount of inheritance + the amount of inheritance + the amount of inheritance ± the amount of property acquired by the person having the right to the legal reserve of inheritance ? the amount of property acquired by the inheritance ? the amount of property acquired by the person having the right to the legal reserve of inheritance ? the amount of property (A) which is the basis for calculating the amount of inheritance share - the amount of property donated by the Defendants from the deceased among the co-inheritors in

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