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(영문) 서울중앙지방법원 2018.04.19 2017가합526027
유류분반환청구의 소
Text

1. The Plaintiff, Defendant B, Defendant C, Defendant C, and Defendant D, KRW 164,217,935, and each of the said money.

Reasons

1. The relationship between the parties and the deceased’s deceased’s death network E (hereinafter “the deceased”) were married with F on March 15, 1944, and was married with G, H, I, I, the networkJ, K, and Defendant D as their children. The Plaintiff and M were married with L, but only the Plaintiff was aware, and died on November 12, 2008.

On February 3, 1981, the deceased J had Defendant C as his child, married with Defendant B, and died on March 15, 1982 before the deceased died.

[Ground of recognition] Facts without dispute, Gap evidence 1-3, the purport of the whole pleadings

2. The Plaintiff’s assertion Defendants, G, H, I, and K received property donated from the deceased before his death, and thereby, the Plaintiff’s legal reserve of inheritance was infringed upon by another co-inheritors. Thus, the Defendants shall return to the Plaintiff the amount corresponding to the part of the infringement.

3. Determination

A. In a case where there is a person, among co-inheritors, who has made special profits from the pre-sale donation of the property from the inheritee, the provisions of Article 1114 of the Civil Act are excluded. Accordingly, the donation should be included in the basic property for calculating the legal reserve of inheritance regardless of whether it was before the commencement of inheritance one year, and whether both parties knew that it would inflict damages on the property.

(See Supreme Court Decision 95Da17885 delivered on February 9, 1996, etc.). B.

1) The method of calculating shortage in the method of calculating the Plaintiff’s legal reserve is as follows. Shortage in the method of calculating the shortage in the legal reserve = [The amount of property (A) x the basis of calculating the legal reserve of inheritance x (B) - the special benefit (C) of the person with the right to the legal reserve of inheritance - The net benefit (D) of the person with the right to the legal reserve of inheritance - The amount of positive inherited property - B = the amount of inheritance 1/23 = the increased amount of inheritance of the person with the right to the legal reserve of inheritance - the amount of property acquired by the person with the right to the legal reserve of inheritance - the amount of property (A) - the basis of calculating the legal reserve of inheritance 2) . The deceased’s active inherited property.

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