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(영문) 수원지방법원안산지원 2016.09.29 2013가합21670
유류분반환
Text

1. For the plaintiff B:

A. As to Defendant D’s KRW 31,398,363 and KRW 30,00,00 among them, Defendant D’s KRW 31,39,363 from August 9, 2013, and KRW 1,398.

Reasons

Basic Facts

G (hereinafter referred to as “the date of commencement of inheritance”) died on September 7, 2012 (hereinafter referred to as “the date of commencement of inheritance”), and its inheritors have the Plaintiffs and Defendant D (hereinafter referred to as “joint inheritors”) who are spouse C and children.

The plaintiffs and defendant D are children who are all denied by the inheritee, H.

The spouse of Defendant D is Defendant E, and Defendant F is his child.

At the time of death, the decedent had a deposit claim of KRW 1,878,654, such as the list of the inherited property (unit, hereinafter the same shall apply) as the active property at the time of death, and there was no other small property.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 6 and 7 (which includes the number of branch numbers; hereinafter the same shall apply), and all pleadings, the plaintiffs have the right to claim the return of legal reserve of inheritance. Thus, in the case where there is a shortage in their legal reserve of inheritance due to the gift or testamentary gift made by the ancestor to the defendants, other co-inheritors and the witness may claim the return of the property to the extent of the shortage.

Shortage in the method of calculating shortage in the legal reserve = [A] 】 Special benefit amount of the person holding the right to the legal reserve of inheritance (C) - The net benefit amount of the person holding the right to the legal reserve of inheritance (D) ? The amount of affirmative benefit of the person holding the right to the legal reserve of inheritance + the amount of inherited property ? 1/2 of the inheritance amount of the person holding the right to the legal reserve of inheritance ± 1/3 of the inheritance amount of the lineal descendants and spouse of the inheritee ? d/ the amount of the property acquired by the person holding the right to the legal reserve of inheritance - the amount of the property acquired by the inheritance of the person holding the right to the legal reserve of inheritance - the amount of

The legal reserve of inheritance (A) shall be calculated based on the value of the property of the inheritee at the time of the commencement of the inheritance and the amount calculated by adding the value of the property at the time of the commencement of the inheritance and deducting the amount of the inheritance obligation.

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