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(영문) 울산지방법원 2018.12.12 2016가합23027
유류분반환 청구
Text

1. On the Plaintiff (Counterclaim Defendant),

A. As to Defendant B’s KRW 119,59,913; Defendant C’s KRW 16,172,964; and each said money, respectively.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The deceased F (hereinafter “the deceased”) died on May 15, 2016, and there was the Plaintiff, Defendant B, and D, the wife, as the inheritor.

B. At the time of the deceased’s death, there were 580,815 won deposit in the Nonghyup Bank, 552,590 won deposit in the transmitting branch of Gyeongnam Bank, 40,000 won of Nonghyup Life Insurance, 469,100 won in total, 41,629,505 won in the Nongnam Life Insurance, and there was no inheritance obligation.

[Ground of recognition] Unsatisfy, Gap evidence 1-1-4, Gap evidence 17-17, taxation information submission order, reply result, purport of whole pleadings

2. The gist of the plaintiff and defendant D's assertion argues that the plaintiff's forced reserve of inheritance was infringed upon the plaintiff's heir, who was the deceased's heir due to the birth donation to the defendant B and C, and that the above defendants are obligated to return the forced reserve of inheritance infringed upon the plaintiff, and that the defendant D, rather, did not infringe upon the plaintiff's forced reserve of inheritance due to the birth donation to the deceased's plaintiff, and therefore, the plaintiff is obligated to return the forced reserve of inheritance infringed upon the defendant D.

3. shortage in the occurrence and scope of the duty to return the legal reserve = [A] 】 Special benefit amount of the person holding the right to the legal reserve of inheritance (C) - The net benefit amount of the person holding the right to the legal reserve of inheritance (D) - The amount of inherited property (including testamentary gift) - B = The amount of inherited property 1/23 = the amount of the property acquired by the person holding the right to the legal reserve of inheritance - the amount of the property acquired by the person holding the right to the legal reserve of inheritance - the amount of the inheritance - the amount of the property acquired by the person holding the right to the legal reserve of inheritance of 1/23 =

(a) Method of calculating shortage in legal reserve of inheritance;

B. Legal reserve of inheritance 1 related legal principles are added to the value of donated property at the time of the commencement of inheritance of the inheritee.

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