logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원 2020.09.09 2020나21458
유류분반환청구권
Text

All appeals by the defendant against the plaintiffs are dismissed.

Expenses for appeal shall be borne by the defendant.

Order of the first instance judgment.

Reasons

1. Basic facts

A. The deceased E (hereinafter “the deceased”) died on October 2, 2017.

B. Co-defendant C of the first instance trial is the deceased’s spouse, and the plaintiffs, the defendant, the F, and G are the children of the deceased.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The assertion and judgment

A. The plaintiffs asserted that they did not have any property inherited from the deceased, while the defendant, C, B, and G received all the property before the deceased's birth, the defendant, as a refund of shortage in legal reserve of inheritance, shall pay 186,332,617 won and delay damages therefor to the plaintiffs.

B.1 Determination 1) The calculation method of shortage in the legal reserve of inheritance is calculated by adding the value of the donated property at the time of the commencement of inheritance to the value of the inherited property acquired by the decedent at the time of the commencement of inheritance (Article 1113(1) of the Civil Act). The specific calculation method is as follows: shortage in the legal reserve of inheritance = [The basic amount of property (A) 】 the special benefit amount of the person holding the right to the legal reserve of inheritance (B) 】 The net benefit amount of the person holding the right to the legal reserve of inheritance concerned - A = the amount of inherited property - the spouse and lineal descendant of the inheritee - the amount of inherited property acquired by the person having the right to the legal reserve of inheritance = D = the amount of property acquired by the inheritance - the amount of inherited property acquired by the person having the right to the legal reserve of inheritance - the amount of inherited property share 2) ] When there is a person who received inheritance or testamentary gift from the heir among coinheritors, this can be considered as a shortage in the legal reserve of inheritance among coinheritors or coinheritors.”

arrow