logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.11.05 2013가합13639
유류분 반환 등
Text

1. The plaintiff A:

A. Defendant D’s KRW 9,833,400 and annual 5% from July 15, 2014 to November 5, 2015, respectively.

Reasons

1. Basic facts

A. The parties’ relevant netJ (hereinafter “the deceased”) died on July 1, 2012. At the time of the death as indicated below, as the deceased’s heir, Defendant D, E, H, H, Nonparty K, L, and D, as the heir of the deceased’s third South net M as the heir of the deceased’s children, Defendant F, Network N (1 South) Plaintiff A (1 South) and Defendant E (2), Defendant E (2), Defendant 4 (F), Defendant E (2), and Defendant A (5) (4) were deceased as the heir of the deceased.

B. There was no active inherited property and inheritance liability at the time of the deceased’s death.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 7 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Shortage in the method of calculating shortage in the legal reserve = [A] (the amount of property that forms the basis for calculating the legal reserve of inheritance x the ratio of the person entitled to the legal reserve of inheritance (B) - The amount of special profits (C) from the person entitled to the legal reserve of inheritance - The amount of net inheritance (D) of the person entitled to the legal reserve of inheritance - The amount of positive inherited property - B/C for lineal descendants of the inheritee, 1/2 of the amount of inheritance = the amount of property acquired by the person entitled to the legal reserve of inheritance - the amount of property acquired by the person entitled to the legal reserve of inheritance - the amount of the legal reserve of inheritance -

3. Determination on the amount of property (A) that forms the basis for calculating the legal reserve of inheritance

A. Legal reserve of inheritance 1 is calculated on the basis of the amount of donated property added to the value of the property of the inheritee at the time of the commencement of the inheritance and the amount calculated on the basis of the amount obtained by deducting the amount of inherited property from the amount of inherited property. However, in cases where there are persons among co-inheritors who make special profits from the donated property through the birth donation from the inheritee, the donation is excluded from the application of Article 1114 of the Civil Act, regardless of whether the donation was made before the commencement of inheritance one year,

arrow