logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.12.01 2012나94768
유류분반환등
Text

1.The judgment of the first instance, including the primary claim, etc. altered at the trial, and the preliminary claim added at the trial.

Reasons

1. Basic facts

A. The Plaintiffs and the Defendants are children of the networkF (hereinafter “the network”).

The Deceased died on July 11, 2008, and the Plaintiffs and the Defendants jointly inherited the Deceased.

B. G is the spouse of Defendant C and H are the children of Defendant C.

[Ground of recognition] Uncontentious facts, Gap evidence Nos. 1 and 2, purport of the whole pleadings

2. The summary of the plaintiffs' assertion is as shown in the separate sheet No. 1 and No. 2, that the Defendants received donations from the deceased’s birth before the deceased’s birth, and thereby, there was a shortage in the plaintiffs’ legal reserve of inheritance. Thus, to the extent of the shortage, the plaintiffs sought a return of the original value, as in the purport of the claim, to the extent of the deficiency, and the plaintiff A sought a return of the value to the defendant D.

3. The plaintiffs' shortage in legal reserve of inheritance

A. Shortage in the method of calculating shortage in the legal reserve = [A] 】 Special benefit amount (C) from the person with the right to the legal reserve of inheritance ? Net benefit amount (D) of the person with the right to the legal reserve of inheritance / The amount of positive inherited property / 1/23 of the amount of inheritance / the amount of inheritance / the amount of inheritance / the amount of inheritance / the amount of inheritance / the amount of inheritance / the amount of inheritance / the amount of inheritance / the amount of inheritance d = the amount of property / the amount of inheritance - the amount of inheritance - the amount of inheritance - the amount of inheritance - according to Articles 1112 and 1113 of the Civil Act of the person with the right to the legal reserve of inheritance / The shortage in the legal reserve of inheritance - the amount of inheritance - the amount of inheritance / the amount of inheritance - the amount of inheritance / the amount

The scope and method of calculating one basic property (A) shall be calculated based on the value of the property at the time of the commencement of inheritance of the inheritee based on the transaction value at the time of the commencement of inheritance of the inheritee and the amount calculated based on the amount calculated by adding the value of the property at the time of the commencement of inheritance of the inheritee and deducting the amount of inherited debts.

arrow