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(영문) 서울중앙지방법원 2021.01.28 2018가합534391
유류분반환청구의 소
Text

1. Defendant B’s 324,121,987 Won and its related 5% per annum from June 5, 2020 to January 28, 2021.

Reasons

1. Basic facts

A. On March 19, 1955, the deceased D (hereinafter “the deceased”) married with Nonparty E, and had Nonparty F, G (H, and Nonparty I as his children, and divorced from the above E on October 25, 1965.

B. The Deceased started de facto marriage with Nonparty J and left K students as their children.

(c)

On January 23, 1967, the deceased married with Defendant B, and left Nonparty L, Defendant C, and Nonparty M as his child.

(d)

The Deceased died on January 30, 2018, and accordingly, Nonparty F, G, I, the Plaintiff, Defendant B, Defendant C, and Nonparty C succeeded to the Deceased, and the legal common part is as follows.

Co-inheritors’s share in statutory inheritance of non-party F2/17 non-party G2/17 non-party G2/17 Plaintiff B 2/17 Defendant B 3/17 non-party L 2/17 Defendant C 2/17 Defendant C 2/17 non-party M2/17 /17 / [Grounds for Recognition] The fact that there is no dispute, each entry of evidence Nos. 1 through 4, A’s evidence Nos. 6 and 7 (including spot numbers, if any; hereinafter the same shall apply), and the purport of the entire pleadings

2. The occurrence and scope of duty to return the legal reserve of inheritance;

(a) Shortage in the calculation method of shortage in oil = [the amount of property which forms the basis for calculating the legal reserve of inheritance 】 (A) 】 the amount of special profit of the person having the right to divide the oil concerned 】 (C) - the amount of net inheritance of the person having the right to divide the oil concerned - A = the amount of inherited property (including testamentary gift) - B = the amount of inherited property 1/23 = the amount of the property increased by the number of lineal ascendants and descendants of the inheritee, and the spouse 1/23 = the amount of property acquired by the person having the right to divide the oil - the amount of inherited property acquired by inheritance by the person having the right to divide the oil concerned -

B. (A) The relevant legal principle’s oil portion is calculated on the basis of the amount of property calculated by adding the value of donated property to the value of the property at the time of the commencement of inheritance by the person in question at the time of the commencement of inheritance by the person in question and deducting the amount of inherited property. However, in cases where there is a person among co-inheritors who has made a special profit by means of a living donation of property from the inheritee, the application of Article 1114 of the Civil Act is excluded, and the donation is made one year prior

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