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(영문) 수원지방법원평택지원 2020.11.19 2020가합11485
유류분반환청구
Text

Defendant F and G are the amount of money indicated by each Plaintiff and each of the said money among the “amount recognized by each Plaintiff” in attached Table 1 to the Plaintiffs.

Reasons

1. Basic facts

A. The deceased K (hereinafter “the deceased”) married with the deceased L (the deceased on July 22, 1973) and had the deceased M&, network N, I, and Defendant H as his children, and married with Defendant E on June 21, 1975 after the deceased of the deceased L.

The Deceased died on December 29, 2017.

B. The deceased M had the Plaintiff A, C, and D as their children, married with the Plaintiff B, and died on September 3, 2014.

C. The network N had Defendant G as his child by marriage with Defendant F, and died on January 29, 2019.

Defendant H married with theO and formed J as a child.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 6 (including paper numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. The gist of the plaintiffs' assertion was that the plaintiffs, who are co-inheritorss of the deceased, due to the deceased's real estate and monetary donation for Defendant E, H and network N, and thus, the defendant F, and G, who comprehensively succeeded to the duty to return the legal reserve of inheritance of Defendant E, H and network N, shall return the shortage of legal reserve of inheritance to the plaintiffs.

3. Determination

A. The Plaintiffs, as the heir of the deceased, may claim the return of the property to the Defendants to the extent that there is a shortage in their legal reserve of inheritance due to testamentary gift or gift made by the deceased against the Defendants who are other inheritors.

The shortage in legal reserve of inheritance can be calculated through the following calculation formula, and this study examines whether there is a shortage in legal reserve of inheritance of the plaintiffs according to the following formula:

Shortage in legal reserve = [A] x (B) of the person holding the right to legal reserve 】 Special benefit (C) of the person holding the right to the legal reserve ? The amount of the right to the legal reserve ? The amount of the right to the legal reserve ? The amount of the right to the legal reserve ? The amount of the right to the legal reserve ? 1/23 = the amount of the right to the legal reserve ? the amount of the right to the legal reserve d = the amount of the right to the legal reserve ? the amount of the right to the inheritance

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