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(영문) 대구지방법원 2019.07.25 2018나304753
유류분반환
Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

3. The lawsuit taken by the plaintiff M in accordance with the lawsuit taken by the plaintiff M.

Reasons

1. The reasoning of the judgment on this part of the basic facts is as follows, in addition to the dismissal or addition as follows, the corresponding part of the reasoning of the judgment of the first instance (from 2: 10 to 11 pages). Therefore, this part of the judgment is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The second 13th 13th 2th 2th 2th 13th 201 judgment “the deceased on April 18, 2016,” is that “the deceased died on April 13, 2016, and was reported as the deceased on April 18, 2016.”

The third 7th 7th 20 of the judgment of the first instance was paid with KRW 535,060 per month, and received KRW 11,771,320 per month until February 26, 2016 (i.e., KRW 535,060 x 22 months), and received KRW 535,060 on March 28, 2016.

The following shall be added between 3rd and 10th of the judgment of the first instance:

E. The deceased C’s death and the taking-off of the lawsuit of this case 1) The deceased on May 30, 2018 during the trial.

2) On May 24, 2001, the deceased C shared with N’s spouse, and P, the deceased C’s son and female of the deceased C, filed a declaration of renunciation of inheritance with the Daegu Family Court No. 2018-Ma1041, which was accepted on March 5, 2019, and the deceased C taken over this lawsuit as the deceased C’s sole heir.

2. Occurrence of claims for return of legal reserve of inheritance;

(a) Shortage in the calculation method of the shortage of the legal reserve = [A] [the amount of property that forms the basis for the calculation of the legal reserve x (B) with the person entitled to the legal reserve x the special profit (C) with the person entitled to the legal reserve - The net amount of inheritance (D) with the person entitled to the legal reserve - A = the amount of inheritance with positive inheritance (including testamentary gift) - B = the amount of inheritance with 1/23 = the amount of inheritance with the person entitled to the legal reserve - the amount of the property acquired by the person entitled to the legal reserve - the amount of inheritance with the person entitled to the legal reserve - the amount of the property

B. Property (A) donation amount (A) which serves as the basis for calculating legal reserve of inheritance (a) (a half of each of the instant land and buildings donated to the Defendant on March 25, 2016).

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