(영문) 서울남부지방법원 2017.04.19 2016가단223818

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(영문) 서울남부지방법원 2017.04.19 2016가단223818

유류분반환청구

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1. The Defendant’s KRW 24,306,848 as well as 5% per annum from June 14, 2016 to April 19, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. The deceased C (hereinafter “the deceased”) died on January 29, 2016, and the heir has the Plaintiff, Defendant, D, E, and F, who is his/her child, and the statutory share of inheritance is 1/5 each.

B. The Deceased owned each real estate listed in the separate sheet (hereinafter “instant real estate”) before the birth, but the Defendant completed the registration of ownership transfer as the receipt No. 1297 on January 29, 2016, by reason of legacy on January 29, 2016.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2 (including each number), Eul evidence 6, the purport of the whole pleadings

2. The plaintiff asserts that since the plaintiff, the only property owned by the deceased, which is the real estate of this case, was bequeathed to the defendant, the plaintiff, the co-inheritors, should return the amount equivalent to the plaintiff's legal reserve of inheritance among the value of the real estate of this case

As to this, the defendant does not constitute inherited property because the real estate of this case was a property trusted by the defendant to the deceased, and does not so.

It argues that the inheritance obligation should be deducted from the basic property in calculating the legal reserve of inheritance.

3. Determination

A. (1) The plaintiff, as co-inheritors of the deceased, can seek a return of shortage to the defendant when the shortage occurred due to the legacy made by the deceased against the defendant.

The calculation method of the plaintiff's shortage in legal reserve is as follows:

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 positive inherited property ＋ the amount of the inheritance ? B/ the amount of the inheritance obligation of the inheritee / the spouse and lineal descendant of the inheritee.

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