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(영문) 전주지방법원 2020.10.07 2019가단26924
유류분반환
Text

All of the plaintiffs' claims against the defendants are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

Basic Facts

A. The deceased E (hereinafter “the deceased”) died on December 9, 2018.

The deceased was Defendant C and F as his child. The F died on September 25, 2018, which was before the deceased’s death, and there was no spouse of the deceased at the time of the deceased’s death.

B. There was no spouse at the time of the deceased F’s death, and there were Plaintiffs as children.

C. Defendant D is the children of Defendant C.

[Reasons for Recognition] The Deceased’s Claim Nos. 1-2, 2-1, 2-2, and 1-2 of the evidence No. 1-2 of the Plaintiff’s Claim No. 1-2 of the previous city G apartment and H (hereinafter “instant real estate”) donated each of the Defendants’ Claim Nos. 1/2 of the previous city G apartment and H (hereinafter “instant real estate”) and donated cash KRW 194,348,003.

As a result, there is a shortage in the plaintiffs' legal reserve of inheritance, which is the inheritor of the deceased, the defendants are obligated to pay to the plaintiffs the amount calculated at the ratio of the share of the defendants among the shortage in their legal reserve of inheritance, which is calculated according to the ratio of the defendants, and Defendant C is obligated to pay each of the 30,543,500 won, Defendant D is liable to pay damages for delay to each of the above amounts.

Judgment

Article 1113(1) of the Civil Act provides that "The legal reserve of inheritance shall be calculated by adding the value of the property at the time of the commencement of the inheritance to the value of the property owned by the inheritee, and deducting the total amount of the debt."

The detailed calculation method is as follows (the calculation method of shortage in legal reserve):

[Calculation Method] Shortage in the legal reserve = [A] shortage in the legal reserve of inheritance = [The amount of property (A) 】 the ratio of the person entitled to the legal reserve of inheritance (B) - the amount of special revenue (C) from the person entitled to the legal reserve of inheritance 】 The amount of the pertinent legal reserve of inheritance 】 positive inherited property + the amount of inherited property ? B/ the amount of inherited property / the amount of inheritance debts / the amount of inheritance debts / the amount of inheritance debts / the amount of inheritance inheritance / the amount of inheritance 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 property

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