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(영문) 서울동부지방법원 2018.01.25 2017가합104895
기타(금전)
Text

1. The plaintiffs

A. Defendant E: (a) KRW 8,205,128; (b) KRW 14,285,714, respectively; and (c) KRW 14,285,714 on September 22, 2017.

Reasons

1. Basic facts

A. On February 16, 2017, the deceased I (hereinafter “the decedent”) died.

B. Defendant H and Defendant E, a spouse of the inheritee, are the inheritors of the inheritee.

The legal shares of the plaintiffs, the defendant H and E are 3/13 shares, the plaintiffs and the defendant E are 2/13 shares, respectively.

C. Defendant F and G are children of Defendant E.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Since the Defendant’s assertion that there was an infringement of the Plaintiffs’ legal reserve of inheritance by donation of cash to the Defendants, the Defendants should return the shortage of the Plaintiffs’ legal reserve of inheritance, such as the entries in the Plaintiffs’ claims.

3. Determination

(a) Shortage in the method of calculating shortage in the legal reserve = [A] 】 Special benefit amount from the person holding the right to the legal reserve of inheritance (C) - The amount of net benefit from the person holding the right to the legal reserve of inheritance (D) ? The amount of positive inherited property + the amount of inheritance ? The amount of inheritance debts B = the amount of inheritance debts / the amount of inheritance debts / the amount of inheritance debts / the amount of inheritance debts / the amount of inheritance debts / the amount of inheritance debts / the amount of inheritance inheritance / the amount of inheritance debts / the amount of inheritance debts / the amount of inheritance debts / the amount of inheritance debts / the amount of inheritance debts / the amount of inheritance debts / the amount of inheritance

B. Legal reserve of inheritance (A) is calculated on the basis of an amount calculated by adding the value of donated property to the value of the property at the time of the commencement of the inheritance of a decedent and deducting the amount of inherited property. If there is a person among co-inheritors who has made special profits by means of a pre-sale donation of property from the decedent, such donation shall be excluded from the application of Article 1114 of the Civil Act, regardless of whether the donation would have been transferred one year prior to the commencement of inheritance, and whether both of the parties knew that damage would be inflicted (see Supreme Court Decision 9Da2008, Feb. 9, 1996).

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