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(영문) 부산지방법원 2018.02.21 2016가합42834
유류분 반환
Text

1. Defendant E: (a) KRW 1,979,498; (b) KRW 791,799; and (c) KRW 791,79; and (b) each of the said money to Plaintiff A from June 2, 2016 to June 2, 2018.

Reasons

1. Basic facts

A. Plaintiff A, Defendants, G, H, and network I are children of the network J and the network K, and Plaintiff B is the spouse of the network I, and Plaintiff C is the children of the network I.

B. The network I died on December 15, 1996, and the network K died on November 20, 201.

C. The Network J died on June 15, 2015.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 6 (including branch numbers, if any) and the purport of the whole pleadings

2. Judgment on the claim for restitution of legal reserve of inheritance

A. Since the Plaintiffs’ assertion on the legal reserve of inheritance infringed upon the Plaintiffs’ legal reserve of inheritance due to cash and donation of real estate inheritance to the Defendants of the deceased, the Defendants should return shortage to the Plaintiffs.

B. Shortage in the method of calculating shortage in the legal reserve = [A] [the amount of property forming the basis for calculating the legal reserve x (B)] - the amount of special benefit from the person holding the right to the legal reserve - (C) - the amount of net inheritance (D) of the person holding the right to the legal reserve - The amount of positive inheritance - B = the amount of inheritance 1/23 = the amount of property acquired by the person holding the right to the legal reserve - the amount of inheritance - the amount of property acquired by the person holding the right to the legal reserve - according to Articles 1112 and 1113 of the Civil Act - the amount of shortage in the legal reserve of the plaintiffs under Articles 112 and 1113 of the Civil Act, which are the basis for calculating the legal reserve of inheritance as at the time of the commencement of inheritance, shall be calculated by the following methods

1) According to the evidence evidence evidence evidence No. 28, 36, 37 of the positive inherited property A (A) as the basis for calculating the legal reserve of inheritance, 110,70,000 won in the account of the Busan Bank at the time of the commencement of the inheritance, 13,846,863 won in the account of the deceasedJ at the time of the commencement of the inheritance, and 41,973 won in the account of the Busan Bank (L), and 411,973 won in the account of the Korean Agency (M) at the time of the commencement of the inheritance. As such, the value of the positive inherited property of the deceased J at the time of the commencement of the inheritance is recognized to have been 124,958,836 won (=10,700,000 won), the value of the positive inherited property of the deceased J at the time of the commencement of

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