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(영문) 제주지방법원 2019.02.11 2017가단56812
유류분반환 청구의 소
Text

1. The Defendant’s KRW 9,692,92 as well as the Plaintiff’s annual rate of KRW 5% from July 19, 2017 to February 11, 2019.

Reasons

1. Basic facts

A. On February 28, 2016, the parties’ relationship C (hereinafter “the deceased”) died, and his/her children jointly inherited property by the Plaintiff, the Defendant, D, E, F, G, H, I, J, and K.

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 fact that there is no dispute over the delinquent local taxes of KRW 1,009,510 at the time of the deceased’s death (based on recognition), the entries in Gap evidence 1, 2, 5, 6, and 7 (including branch numbers), and the purport of the whole pleadings;

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 11114 of the Civil Act provides that donations included in the property, which is the basis for calculating legal reserve of inheritance, have been made for one year before the commencement of inheritance in principle, but Article 1008 of the Civil Act, which applies mutatis mutandis under Article 1118 of the Civil Act, provides that “The decedent is from co-inheritors.”

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