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(영문) 서울고등법원 2019.09.05 2018나2061407
유류분 청구의 소
Text

1. Of the judgment of the first instance, the Plaintiffs against Defendant E who correspond to the amount of additional payment order under the following A.

Reasons

1. Basic facts

A. The deceased deceased on July 30, 2017 (hereinafter “the deceased”).

B. As the heir of the deceased, there are Plaintiffs B, C, D, Defendant E, and F, who are the deceased’s spouse and their children.

The statutory inheritance portion of the plaintiffs, defendant E and F is 2/13 shares of the plaintiffs A, the plaintiffs B, C, D, defendant E and F, respectively.

C. Defendant G is the spouse of Defendant E.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Since the deceased's assertion that the legal reserve of inheritance of the plaintiffs was infringed upon by making a living donation of each real estate listed in the separate sheet (hereinafter referred to as "O real estate" in the order of the above real estate, and in the case of a common name, "the real estate of this case") to the defendants, the defendants shall return the difference in the legal reserve of inheritance of the plaintiffs, such as the plaintiffs' claim,

3. Determination

(a) Shortage in the calculation method of shortage in legal reserve of inheritance may be calculated through the following accounting formula:

Shortage in the legal reserve = [A] 】 The amount of the property that forms the basis for calculating the legal reserve 】 the ratio of the person entitled to the legal reserve of inheritance (B) - The amount of the special profit (C) - The amount of the person entitled to the legal reserve of inheritance 】 The amount of the legal reserve of inheritance + the amount of the positive inheritance + the amount of the inheritance + B 1/23 for lineal descendants and the spouse of the inheritee / the amount of the inheritance + the amount of the property acquired by the person entitled to the legal reserve of inheritance / the amount of the property acquired by the person entitled to the legal reserve

B. Under the relevant legal doctrine, legal reserve of inheritance 1 is calculated on the basis of the amount calculated by adding the value of donated property to the value of the property of the inheritee at the time of the commencement of inheritance and deducting the amount of inherited debts. If there is a person among co-inheritors who has made special profits by means of a pre-sale donation of property from the inheritee, the donation shall be excluded from the application of Article 1114 of the Civil Act, thereby causing damages to both parties.

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