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(영문) 광주지방법원 2020.05.08 2019나62184
유류분청구의 소
Text

1. The defendant's appeal against the plaintiff B and C and the plaintiff A's appeal are all dismissed.

2. The plaintiff A-I among the costs of lawsuit.

Reasons

1. Facts of recognition;

A. E had the Plaintiffs, Defendant, G, and H between F (Death on November 8, 2018) and F.

B. The Defendant completed the registration of transfer of real estate No. 1 of this case owned by E on May 22, 2002 due to donation on the same day, and the registration of transfer of real estate No. 2 of this case owned by E on March 28, 2013 due to legacy on March 19, 2013.

C. On March 19, 2013, E (hereinafter “the deceased”) died after having left F, which is the Plaintiffs, Defendant, G, H, and spouse, who were their children, as inheritors, and died. There is no inherited property other than the real estate of this case, and there is no inheritance obligation.

[Ground of recognition] Facts without dispute, entry of Gap 1, 3, and 5 evidence, purport of the whole pleadings

2. Determination as to Plaintiff A’s claim

A. Legal reserve of inheritance is calculated by adding the value of donated property to the value of the property held by the decedent at the time of commencing the inheritance and deducting the total amount of debts.

(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 x (B) the ratio of the person holding the right to the legal reserve ] - the amount of the net inheritance (C) - the amount of the property with the right to the legal reserve - the amount of the property with the right to the legal reserve - the amount of the property with the right to the legal reserve 1/23 = the amount of the property acquired by the person holding the right to the legal reserve - the amount of the property acquired by the inheritance - the amount of the property acquired by the person holding the right to the legal reserve - the donation to be included in the basic property for one year prior to the commencement of the inheritance according to Article 1114 of the Civil Act - the amount of the property acquired by the person holding the right to the legal reserve - the amount of the gift made one year prior to the commencement of the inheritance,

However, Article 108 of the Civil Act, which applies mutatis mutandis by Article 1118 of the Civil Act, provides that there is a person who receives a gift or testamentary gift from an inheritee among co-inheritors.

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