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(영문) 의정부지방법원 2015.12.15 2015가단17524
유류분반환
Text

1. Defendant D’s KRW 1,111,796 as well as 5% per annum from June 4, 2015 to December 15, 2015, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. The deceased E (hereinafter “the deceased”) died on February 22, 2013, and his heir has seven persons, including the Plaintiff, Defendant C, and D, who are his/her spouse.

B. The Deceased bequeathed 8/10 shares of F. F. 203 square meters, its ground buildings, and 2,258 square meters prior to G in Yangyang-si (hereinafter “each of the instant real estates”) to Defendant B, and each of the 1/10 shares to Defendant C and D, respectively.

C. At the time of legacy of each of the instant real estate, the market price is KRW 1.15 billion.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1, 2, and 3 (including each number), the purport of the whole pleadings

2. Determination

(a) The calculation method of shortage in the legal reserve of inheritance does not reach the legal reserve of inheritance when there are shortages in the legal reserve of inheritance due to the inheritance of the inheritee to other co-inheritors, the shortage in the return of the legal reserve of inheritance to the extent of the shortage in the legal reserve of inheritance = [A] x the ratio of the person holding the right to the legal reserve of inheritance to the extent of the shortage in the legal reserve of inheritance x the special profit (C) - A x the amount of positive inherited property x the amount of inheritance x the amount of inheritance x the amount of inheritance x the amount of inheritance x the amount of inheritance 1/23 = the amount of inheritance of the person holding the right to the legal reserve of inheritance of the inheritee x the amount of property acquired by the inheritance of the person holding the right to the legal reserve of inheritance of the inheritee - the amount of inheritance claim - the amount of inheritance obligation share - the

B. The value of donated property is calculated only when it was performed between one year prior to the commencement of inheritance, and when both parties knew that it would inflict losses on the person entitled to legal reserve of inheritance, it includes one year prior to the commencement of inheritance (Article 1114 of the Civil Act, Article 1114 of the Civil Act, and Article 1114 of the Civil Act, in case where there are co-inheritors, who made special profits from the donation of property from the inheritee prior to the commencement of inheritance, is excluded.

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