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(영문) 인천지방법원 2019.01.15 2017가합61798
유류분반환 청구의 소
Text

1. As to Defendant D, KRW 164,574,208 for Plaintiff A, KRW 279,298,507 for Plaintiff C, and each of the said amounts, on December 29, 2017.

Reasons

1. Basic facts

A. The Plaintiffs and the Defendants were born between F that died on March 18, 2017 (hereinafter “the deceased”) and G that died on July 14, 2011.

B. At the time of death, G owned 2,011 square meters before H, Chungcheongnam-nam, and G’s heir was the deceased, the Plaintiffs, and the Defendants.

C. The Deceased’s death will be examined below at the time of death.

2.(c)

2) Each property indicated in the table of paragraph (1) was owned by the Plaintiffs and the Defendants were the deceased’s inheritors. [Grounds for recognition] There is no dispute between the Plaintiffs and the Defendants, and each entry in the evidence Nos. 1, 2, and 3 (including all types of serial numbers, unless the number is separately indicated).

- The purport of the whole pleadings

2. The assertion and judgment

A. The main point of the plaintiffs' assertion is that since the defendants violated the plaintiffs' legal reserve of inheritance by receiving a pre-living donation from the deceased respectively, they are obligated to return the amount of legal reserve of inheritance, such as the written claim, to the plaintiffs.

(b) Shortage in the calculation method of shortage in the legal reserve = [A] 】 Special proceeds (C) from the person with the right to the legal reserve of inheritance - The amount of net inheritance (D) from the person with the right to the legal reserve of inheritance - The amount of positive inherited property - B/ The amount of inheritance debts = the amount of inheritance debts 1/23 = the amount of the property acquired by the inheritance of the person with the right to the legal reserve of inheritance - the amount of the property acquired by the inheritance of the person with the right to the legal reserve of inheritance - the amount of the property acquired by the inheritance of the person with the right to the legal reserve of inheritance of the person with the right to the

C. The basic amount of legal reserve of inheritance (A) is calculated based on the value of the property that the decedent had donated before the commencement of the inheritance and the amount calculated on the basis of the amount calculated by adding the value of the property that the decedent had donated at the time of the commencement of the inheritance and deducting the total amount of the debt that the decedent

(Article 1113 of the Civil Act). The term "donations" of women includes only donations made by an ancestor for one year prior to the commencement of inheritance.

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