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(영문) 서울중앙지방법원 2021.01.28 2019가합41155
유류분반환
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On March 19, 1955, the deceased E (hereinafter “the deceased”) married with Nonparty F, and had Nonparty G, Plaintiff A (H prior to the name of each name), and Plaintiff B as his children, and divorced from the above F on October 25, 1965.

B. The Deceased began de facto marital relationship with Nonparty I and left J C as his child.

(c)

On January 23, 1967, the deceased married with Nonparty K and left Nonparty L, M and the defendant as his child.

(d)

The Deceased died on January 30, 2018, and accordingly, Nonparty G, Plaintiffs, Nonparty K, L, M, and Defendant inherited the Deceased, and the legal portion is as follows.

Co-inheritors’s statutory share of inheritance in G2/17 Plaintiff A2/17 Plaintiff B2/17 Plaintiff C2/17 Nonparty C2/17 Nonparty C 3/17 Nonparty L 2/17 Nonparty L 2/17 Nonparty M 2/17 Defendant 2/17 Defendant 2/17 /17 / [Grounds for Recognition] without dispute, each entry in the evidence of subparagraphs A 1 through 4, A’s evidence of subparagraphs 6 and 7 (including spot numbers, if any; hereinafter the same shall apply) and the purport of the entire pleadings.

2. The occurrence and scope of duty to return the legal reserve of inheritance;

(a) Shortage in the calculation method of shortage in oil = [the amount of property which forms the basis for calculating the legal reserve of inheritance 】 (A) 】 the amount of special profit of the person having the right to divide the oil concerned 】 (C) - the amount of net inheritance of the person having the right to divide the oil concerned - A = the amount of inherited property (including testamentary gift) - B = the amount of inherited property 1/23 = the amount of the property increased by the number of lineal ascendants and descendants of the inheritee, and the spouse 1/23 = the amount of property acquired by the person having the right to divide the oil - the amount of inherited property acquired by inheritance by the person having the right to divide the oil concerned -

B. (A) The relevant legal doctrine’s oil portion, which is the basis for calculating the legal reserve of inheritance, shall be calculated on the basis of the amount calculated by adding the value of donated property to the value of the property at the time of the commencement of inheritance by the person in question at the time of the inheritance by the person in question, and the amount calculated on the basis of the amount obtained by deducting the amount of inherited property. If a joint heir has made a special profit from the donation of property by birth from the decedent, the application of Article 1114 of the Civil Act shall be excluded,

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