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(영문) 대구지방법원 포항지원 2021.01.12 2020가단105300
유류분 청구
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

The grounds for the claim of this case are as shown in the attached Form.

A person entitled to legal reserve of inheritance may claim the return of the shortage of legal reserve of inheritance to the extent that the shortage occurs due to the gift or testamentary gift of the person in question (Article 1115(1) of the Civil Act); in order to calculate the amount of oil portion and the shortage, the value of active property of the deceased at the time of the commencement of inheritance; the amount of inherited property (the time of commencement of inheritance); the amount of inherited property (the time of commencement of inheritance); the amount of special profit of the person entitled to legal reserve of inheritance (Articles 1113, 114, 1118, 108, 108, of the Civil Act); and the amount of the deceased’s testamentary gift to the extent that there was a shortage to a specific extent in the Plaintiffs’ legal reserve of inheritance due to the deceased person’s shortage of legal reserve of inheritance (see, e.g., Supreme Court Decision 94Da2470, Mar. 10, 1995).

The shortage in the legal reserve of inheritance = [A] amount of property which forms the basis for calculating the legal reserve of inheritance 】 (B) ratio of oil of the person entitled to the right to the division of oil 】 amount of special profit of the person entitled to the right to the division of oil - (C) amount of positive inherited property D) amount of the net share of inheritance of the person entitled to the right to the division of oil / amount of gift / amount of inheritance / amount of lineal ascendant or descendant of the inheritee B amount of inheritance / amount of inheritance / amount of property acquired by the person entitled to the division of oil / amount of property acquired by the person entitled to the division of oil / amount of inheritance / amount of property acquired by the person entitled to the division of oil / amount of inheritance / amount of property acquired by the inheritance / amount of property acquired by the person entitled to the division of oil - amount of property acquired by the person entitled to the division of oil - amount of inheritance - amount of property acquired by the person entitled to the division of oil, as alleged by the plaintiff, and there is no evidence to recognize

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