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(영문) 의정부지방법원고양지원 2016.12.08 2014가합56027
상속회복청구 및 유류분반환
Text

1. As to shares of 390,175,498/3,014,953,000 among each real estate listed in the separate sheet, the Defendant shall pay to the Plaintiff A, and as to the 260,116.

Reasons

1. The network D (hereinafter “the deceased”) died on January 26, 2014. The deceased’s heir is the Plaintiff A and the grandchild B, a child of the Defendant, E, and the deceased, who inherited the network F (Death, July 13, 201) on behalf of the deceased. The share of inheritance is the share of inheritance of the Defendant, E, 1/3, Plaintiff A1/5 (1/3 of the deceased’s share of inheritance x 3/5 of the deceased F x 1/3 of the deceased’s inheritance x 2/15 (the deceased’s share of inheritance x 2/5 of the deceased’s inheritance x 2/5).

2. The plaintiffs in the right to claim the return of legal reserve of inheritance are co-inheritorss with the defendant, and when the deceased's forced reserve of inheritance becomes insufficient due to the donation or testamentary gift made to the defendant, they may claim the defendant to return the shortage to the extent that it does not infringe the defendant's legal reserve of inheritance. The shortage in legal reserve of inheritance

Shortage in legal reserve = [A] 】 Special benefit (C) at the person holding the right to legal reserve of inheritance (B) - The net benefit (D) at the person holding the right to legal reserve of inheritance - The amount of affirmative benefit at the person holding the right to legal reserve of inheritance - The amount of inheritance - B = the amount of inheritance 1/23 = the amount of inheritance - the amount of inheritance - the amount of property acquired by the person holding the right to legal reserve of inheritance - the amount of inheritance - the amount of inheritance - the amount of inheritance

(a) The amount of legal reserve of inheritance, which serves as the basis for calculating legal reserve of inheritance, shall be calculated based on 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, but where there are persons among co-inheritors who make special profits from the donated property from the inheritee due to the birth of property before the commencement of inheritance, the donation shall be excluded from the application of Article 1114 of the Civil Act, and shall be included in the basic property for calculating legal reserve of inheritance regardless of whether it was before the commencement of inheritance or not, and whether both parties know that damage would be inflicted on the donated

Supreme Court Decision 200

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