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(영문) 서울고등법원 2016.02.05 2015나2023350
유류분 등
Text

1.The judgment of the first instance shall be modified as follows:

Defendant B, Defendant B, and Defendant C, KRW 19,715,277.

Reasons

. The Defendants’ assertion that differs from this premise is without merit, since they must bear the burden.

C) Accordingly, the basic property calculated by deducting 175,351,278 won from the aggregate value of the deceased’s inheritance debts from the aggregate value of KRW 2,934,00,000.C. If the person holding the right to the legal reserve of inheritance claims the return of the legal reserve of inheritance, if there are several co-inheritors who received the gift or testamentary gift, the person holding the right to the legal reserve of inheritance can claim the return of the amount exceeding 1,758,77,722. In light of the purpose of the legal reserve of inheritance prescribed in the Civil Act and the purport of Article 11115(2) of the Civil Act, the amount of the property donated or testamentary gift among other co-inheritors exceeds their own legal reserve of inheritance, and the amount exceeding 2,70% of the total inheritance reserve of the deceased’s total inheritance debts from the aggregate value of KRW 1,770,000,000,0000 from the aggregate value of the inheritance reserve of this case’s legal reserve of inheritance was calculated according to the above legal principles as follows.

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