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(영문) 수원지방법원평택지원 2020.06.11 2020가합8694
유류분반환 청구의 소
Text

The Plaintiff

A. Defendant B and C shall share 7,802,007/5,134,000 of the real estate listed in the separate sheet Nos. 1 through 3.

Reasons

1. Basic facts

A. The deceased H (hereinafter “the deceased”) married with the deceased I (Death on June 23, 2012), and left the Plaintiff and the Defendants as their children.

The Deceased died on February 12, 2019, and the Plaintiff and the Defendants jointly inherited the Deceased’s property at the rate of 1/7 each.

B. J is the husband of Defendant B, and K, L, and M are their children.

N is the husband of the defendant C, and theO is the child.

P is Defendant E's identification, Q and R are children.

S and T are children of G.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. Since the Plaintiff’s assertion against the Defendants of the deceased’s real estate and monetary donation infringed on the Plaintiff’s legal reserve of inheritance, the Defendants shall return the Plaintiff at a price below the legal reserve of inheritance.

3. Determination

A. The Plaintiff, as the inheritor of the deceased, may demand the Defendants to return his/her property to the extent that there is a shortage in his/her legal reserve of inheritance due to testamentary gift or gift made by the deceased against the Defendants who are other inheritors.

The shortage in legal reserve of inheritance can be calculated through the following accounting formula, and in the below, it will be examined whether there is a shortage in legal reserve of inheritance of the plaintiff according to the following formula:

Shortage in the legal reserve = [A] The basic amount of property calculated as the legal reserve 】 the ratio of the person holding the right to the legal reserve 】 The amount of special profit (C) - the amount of net inheritance (D) of the person holding the right to the legal reserve ? The amount of donated property with positive inherited property - B = the amount of donated property with positive inherited property 1/23 = the amount of donated property of the person holding the right to the legal reserve - the amount of property acquired by the person holding the right to the legal reserve - the amount of inherited property acquired by the inheritance - the amount of inherited

B. Legal reserve of inheritance, which is the basis for calculating legal reserve of inheritance, is the commencement of inheritance of the inheritee.

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