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(영문) 수원지방법원 2021.02.10 2016가합81372
유류분 청구 등
Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. The plaintiffs' assertion E (hereinafter "the deceased") donated or bequeathed real estate and cash to the defendant, who is his spouse. The plaintiffs, who are the deceased's children, seek the return of the oil portion to the extent that the plaintiffs' share of inheritance is infringed.

2. Determination

A. The co-inheritors with the calculation method of shortage in legal reserve of inheritance may claim for the return of oil to the co-inheritors to the extent that there is a shortage in their legal reserve of inheritance due to the pre-sale of inheritance to other co-inheritors of the inheritee, and the amount of oil portion shall be calculated by adding the value of the donated property to the value of the property at the time of the commencement of inheritance and deducting the total amount of the debts (Article 1113(1) of the Civil Act). The specific calculation method is as follows:

Shortage in legal reserve of inheritance = [A] Value of property forming the basis for calculation of legal reserve of inheritance 】 (B) ratio of oil of the person entitled to the division of oil 】 Amount of special profit of the person entitled to the division of oil - (C) amount of the net share of inheritance of the person entitled to the division of oil ? (D) amount of positive inheritance + amount of gift ? Amount of inherited property ? Amount of inheritance debts B = increase in the number of lineal ascendants and descendants of the inheritee and their spouses 1/23 = number of persons entitled to the division of oil + amount of property acquired by the person entitled to the division of oil - amount of inherited property acquired by the inheritance - amount of property

B. Determination 1) According to the overall purport of the evidence Nos. 1 and 2 evidence, the deceased died on April 19, 2016, and the deceased’s wife inherited the deceased’s property in proportion to the inheritance 3/9 of the deceased’s portion and 2/9 of the respective shares of inheritance by the deceased, who is the deceased’s wife, as the inheritor.

2) According to the overall purport of Gap evidence Nos. 3 through 9, there is no shortage in the portion of the plaintiffs' oil according to the above calculation method, and the calculation result is as follows.

(1) In the case of Seopopo-si, the Jeju Special Self-Governing Province for the housing located in the territory of the Jeju Special Self-Governing Province for the 150,000,000 (2).

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