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(영문) 서울서부지방법원 2018.09.06 2016가합38542
유류분반환 청구의 소
Text

1. The Plaintiff:

A. As to Defendant B’s KRW 218,282,70 and KRW 114,440,060 among them, Defendant B shall be from July 5, 2016, and KRW 103,842.

Reasons

1. Basic facts

A. Defendant B is the spouse of D, and the Plaintiff, E, F, G and Defendant C are children of D.

The Plaintiff and E are friendly children between D and Defendant B, and F and Defendant C are both adopted by D, and G are both women.

B. D died on October 10, 2015

(hereinafter referred to as “D”). (c)

With respect to each parcel of land listed in the separate sheet in the separate sheet (32 lots) equivalent to KRW 411,322,590, total amount of the market value of the deceased's active property owned at the time of his/her death (i.e.,, the commencement of inheritance on October 10, 2015), the heir filed for the registration of ownership transfer for inheritance by inheritance on October 10, 2015, respectively, according to their respective legal shares of inheritance.

(Y) The Korean Government District Court No. 4344 of April 8, 2016, and the Korean District Court No. 5304 of April 29, 2016, received on April 29, 2016, and there is no small property (debt).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, 12, 13, 15, 42, Eul evidence No. 4 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the grounds for the claim

(a) The calculation method of shortage in legal reserve of inheritance shall be calculated by adding the value of the donated property at the time of the commencement of the inheritance by deducting the total amount of debts; and

(Article 113(1) of the Civil Act. The detailed method of calculation shall be as follows:

Shortage in the legal reserve = [A] The basic amount of property calculated as the legal reserve 】 the ratio of the person holding the right to the legal reserve 】 The amount of special profit (C) - The amount of net inheritance (D) of the person holding the right to the legal reserve ? The amount of inherited property ? B = the amount of inherited property 1/23 = the amount of inherited property - the amount of property acquired by the person holding the right to the legal reserve - the amount of inherited property acquired by the inheritance by the person holding the right to the legal reserve - the amount of inherited property - the amount of

B. According to Article 1114 of the Civil Act, the basic amount of property (A) in calculating the legal reserve of inheritance shall be included in the underlying property in calculating the legal reserve of inheritance.

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