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(영문) 서울중앙지방법원 2018.12.13 2015가합88
유류분반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. E (hereinafter “the deceased”) married with F and had the Plaintiff, Defendant C, and G as their children. The F died on February 13, 1980.

B. On March 24, 1981, the Deceased married with Defendant B, and died on February 6, 2012.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. The Plaintiff’s assertion that the Defendants received special benefits from the donation before the deceased’s birth. Accordingly, the shortage in legal reserve to be returned by the Defendants seems to exceed KRW 100,000,000, respectively.

Therefore, the Defendants, who are special beneficiaries, are liable to pay the Plaintiff the money stated in the purport of the claim and damages for delay, which are deficient in the method of return of the equivalent value.

3. Determination

(a) Shortage in the calculation method of shortage in the legal reserve = [A] 】 Special benefit amount from the person with the right to the legal reserve of inheritance (C) - The amount of the pertinent legal reserve of inheritance - The amount of positive donated property - B/ The amount of inherited property / The amount of inherited property / the lineal descendants and spouse of the deceased = 1/23 = the amount of the inheritance inheritance / the amount of the property acquired by the person with the right to the legal reserve of inheritance - the amount of the property acquired by the inheritance - the amount of the inheritance share of the person with the right to the legal reserve of inheritance of the deceased / The amount of inheritance

B. Legal reserve of inheritance (A) is calculated on the basis of the amount of property (A) calculated on the basis of the value of the property that the deceased had donated before the commencement of inheritance, and the amount calculated on the basis of the amount calculated by adding the value of the property that the deceased had donated at the time of commencement of inheritance, after deducting the total

(See Article 1113 of the Civil Act). Meanwhile, Article 1008 of the Civil Act, which applies mutatis mutandis by Article 11118 of the Civil Act, provides that "in case where there is a person among co-inheritors who receives a gift or testamentary gift of the deceased's property, if the gift or testamentary gift does not reach his/her share of inheritance, the inheritance

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