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(영문) 서울동부지방법원 2016.05.24 2015가합108756
유류분반환
Text

1. The Plaintiff:

A. As to Defendant B’s share 392,545,015/3,281,792,000 of each real estate listed in the separate sheet No. 1.

Reasons

A. The right holder can claim the return of the property donated or bequeathed from among the other co-inheritors at the ratio of the amount exceeding his own legal reserve of inheritance, against the inheritor whose value exceeds his own legal reserve of inheritance.

(1) As to the legal portion of statutory inheritance (see, e.g., Supreme Court Decision 93Da11715, Jun. 30, 1995); 510,08,00 won - 510,08,000 won - 1,020,176,000 won 2,778,008,71,771,704,704,000 won 2,771,704,704,704,7005,707,709,705,709,707,709,6305,706,705,707,709,709,705,709,6306,705,709,705,709,709,709,757,714,009, 3009,0000,75709,7

(B) The amount of excess or excess = Special Benefits - the amount of inherited debts - the amount of legal reserve of inheritance* the amount of proportional reserve of inheritance - the amount of the plaintiff's shortage shall be divided in proportion to the amount of excess of the defendants.

The Defendants, co-inheritors, obtained special benefits in excess of their own legal reserve amount, so the Plaintiff can claim the return of legal reserve of inheritance according to the ratio of the value of the property received by them to the amount exceeding their own legal reserve amount.

Therefore, Defendant B is obligated to pay to the Plaintiff donated property or value equivalent to KRW 395,957,714, and Defendant C is obligated to pay donated property or value equivalent to KRW 114,130,285.

However, in cases where the Plaintiff sought partial return of originals to Defendant B, partial compensation for damages, and the return of originals to Defendant C by one co-inheritors, and either co-inheritors returned the allotted amount to be returned to the person having the right to the legal reserve of inheritance to each of the recovered property, the scope of each of the recovered property to be returned by applying mutatis mutandis Article 1115(2) of the Civil Act, barring any special circumstance.

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