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(영문) 창원지방법원마산지원 2015.07.09 2013가단14456
유류비반환
Text

1. For the plaintiffs:

A. Defendant C shall pay KRW 50,000,000 each and the interest thereon from November 5, 2013 to the date of complete payment.

Reasons

1. Facts of recognition;

A. The deceased G (hereinafter “the deceased”) died on March 11, 2013, and Defendant C, the deceased, the Plaintiffs, and Nonparty I inherited the deceased in proportion to their respective shares of 1/5.

B. The network H died on September 10, 2013, and Defendant D 3/7, the wife, and Defendant E/F inherited the network H in respective 2/7 shares.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings

2. The method of calculating shortage in the legal reserve of inheritance shall be as follows:

Shortage in the legal reserve = [A] 】 The amount of property that forms the basis for calculating the legal reserve 】 the ratio of the person entitled to the legal reserve of inheritance (B) - The amount of special profit (C) - The amount of net inheritance (D) with the person entitled to the legal reserve of inheritance ? The amount of inheritance debts - B = the amount of inheritance debts / the amount of inheritance debts / the amount of inheritance debts / the amount of inheritance debts / the amount of property acquired by inheritance with the person entitled to the legal reserve of inheritance / the amount of inheritance debts / the amount of inheritance debts /

3. 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 property, but where there are persons among co-inheritors who have made special profits by making a living donation of property from the inheritee, the application of Article 1114 of the Civil Act shall be excluded, and such donation shall be included in basic property for calculating legal reserve of inheritance regardless of whether it had been prior to the commencement of inheritance one year, and whether both parties have known that damage would be sustained, and the value of donated real property, which serves as

(See Supreme Court Decision 95Da17885 delivered on February 9, 1996, etc.). In accordance with the purport of the whole pleadings, following active inherited property, gift amount, according to the following: (a) facts without dispute; (b) evidence Nos. 2 and 3; (c) evidence Nos. 1 and 2; and (d) evidence Nos. 1 and 1 (including virtual numbers).

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