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(영문) 수원지방법원여주지원 2017.11.01 2016가단53840
유류분반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The inheritance-related net C (hereinafter “the deceased”) died on April 26, 2016, and at the time there was D, Defendant, E, Plaintiff, and F, who were their children.

B. 1) The deceased’s property relation 1) The deceased’s each real estate listed in the separate sheet (2) [hereinafter “each donated real estate of this case”) before his birth, and where each of the above real estate has been distributed in one unit, the deceased’s “the gift real estate of this case” according to the sequence in the separate sheet (2)

(2) around October 201, the Deceased donated each of KRW 10 million to the children including the Plaintiff and the Defendant, including the Plaintiff and the Defendant, as indicated in the above list.

3) At the time of the deceased’s death of the deceased’s inherited property, the real estate and deposit KRW 100 million stated in the separate sheet (1) were positive inherited property, and there was no obligation for inheritance. The Defendant completed the registration of transfer of ownership right based on legacy on the real estate listed in the separate sheet (1) on May 13, 2016. Meanwhile, the deceased’s children agreed to divide the said deposit KRW 100 million into KRW 40 million and KRW 15 million, respectively. [Reasons for recognition] The deceased’s children agreed to divide into two parts: (a) the fact that there was no dispute; (b) evidence set forth in subparagraphs 1 through 3; (c) evidence set forth in subparagraphs 1 through 4; and (d) evidence set forth in the separate sheet (including several numbers); and (c) the purport of the entire arguments as a whole.

2. Determination

(a) The calculation method of shortage in legal reserve of inheritance shall be calculated by adding the value of the property the predecessor has donated to the whole value of the property at the time of the commencement of inheritance, and determine the amount of property which serves as the basis of calculation of legal reserve of inheritance by deducting the total amount of the debts the ancestor

Therefore, the amount of legal reserve shall be calculated by multiplying the calculated amount of the property by the ratio of the legal reserve under the Civil Code Article 1112, and when the person with legal reserve of inheritance gains special profits, the amount should be deducted.

The amount of violation of legal reserve of inheritance is calculated accordingly.

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