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(영문) 서울고등법원 2016.04.08 2015나4124
유류분반환
Text

1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Plaintiff B, Plaintiff C, Plaintiff AH G (Death on November 17, 2013), who was based on the underlying facts network F (Death on May 30, 201), Defendant GJ Plaintiff D

A. The deceased F (hereinafter “the deceased”) died on May 30, 201. At the time of the deceased’s death, the deceased’s heir was Plaintiff A (spouse), B (C) and C (C) and the deceased’s heir of the deceased’s deceased deceased’s deceased deceased deceased deceased deceased’s deceased deceased deceased deceased’s deceased deceased deceased’s deceased deceased as the deceased’s deceased’s deceased’s heir as of May 30, 201. The deceased’s heir of the deceased’s deceased deceased deceased deceased’s deceased deceased deceased’s deceased deceased’s deceased deceased’s deceased heir

B. On May 18, 201, the Deceased: (a) through a will made on May 18, 201 by recording one-third of the total financial assets of the deceased’s name among KRW 1,218,205,707, he/she bequeathed the remainder two-thirds to H; and (b) bequeathed the real estate listed in paragraph (1) of the attached Table in the name of the deceased to H.

C. At the time of the deceased’s death, there was no active inherited property, and inheritance debts amounting to KRW 100,000,000 for loans to a new bank.

G died on November 17, 2013. At the time of the death of G, as shown in the foregoing G, there was Plaintiff A, B, C, and the deceased’s heir as the heir of the Defendant, H, and D as the heir of the deceased.

E. There was no positive inheritance and inheritance obligation at the time of the death of G.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 9, 18, 19, 22 and the purport of the whole pleadings

2. The method of calculating shortage in the legal reserve of inheritance shall be as follows:

Shortage in the legal reserve = [A] 】 The amount of property that forms the basis for calculating the legal reserve 】 the ratio of the person entitled to the legal reserve of inheritance (B) - The amount of special earnings (C) - The amount of net inheritance (D) of the person entitled to the legal reserve of inheritance ? The amount of positive inherited property - B = the amount of inheritance debts / the amount of inheritance debts / the amount of inheritance debts / the amount of inheritance debts / the amount of inheritance debts / the amount of property acquired by the person entitled to the legal reserve of inheritance - the amount of inheritance debts / the amount of

3. Claim for return of legal reserve of inheritance following the death of the deceased.

A. The calculation of the legal reserve of inheritance is based on the calculation.

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