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(영문) 대전지방법원 서산지원 2018.07.12 2017가합51299
유류분반환
Text

1. The Defendant: KRW 78,883,91 for each of the Plaintiffs, and KRW 5% per annum from September 30, 2017 to July 12, 2018; and

Reasons

1. Basic facts

A. G married with H on February 28, 1957, and had 2 South 5 women (the plaintiff, the defendant, and I) under its chain.

B. G died on July 23, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 (including each number, hereinafter the same shall apply), the purport of the whole pleadings

2. Claim for restitution of legal reserve of inheritance:

A. At the time of the death of G of the method of calculating the shortage in legal reserve of inheritance (hereinafter “the deceased”), there is no dispute between the parties between the Plaintiffs, children, and the Defendant, who are the spouse of the deceased and the Defendant, as co-inheritors. Therefore, the Plaintiffs may claim the return of the property bequeathed or donated to the Defendant within the extent of the shortage, in case where their testamentary gift or donation to the Defendant of the deceased falls short of their legal reserve of inheritance.

The shortage in legal reserve of inheritance may be calculated through the following formula:

Shortage in the legal reserve = [A] 】 The amount of the property that forms the basis for calculating the legal reserve 】 the ratio of the person entitled to the legal reserve of inheritance (B) - The amount of the special profit (C) - The amount of the person entitled to the legal reserve of inheritance 】 The amount of the legal reserve of inheritance + the amount of the positive inheritance + the amount of the inheritance + B 1/23 for lineal descendants and the spouse of the inheritee / the amount of the inheritance + the amount of the property acquired by the person entitled to the legal reserve of inheritance / the amount of the property acquired by the person entitled to the legal reserve

B. In cases where there is a person, among the co-inheritors of each real estate listed in [A] Nos. 1 through 10 of the attached list, who made special profits from the pre-sale donation of the property from the inheritee, the donation is included in the basic property for calculating the legal reserve regardless of whether the inheritance was commenced one year prior to the commencement of the inheritance, and whether both parties knew that the damage would be inflicted on the legal reserve (see, e.g., Supreme Court Decision 95Da1785, Feb. 9, 196). In calculating the legal reserve amount, the market value of the property donated to the obligor at the time of the commencement of the inheritance shall be determined as at the time of the commencement of the inheritance.

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