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(영문) 제주지방법원 2020.11.23 2019가단69102
유류분반환 청구
Text

1. The defendant shall pay 52,283,077 won to each of the plaintiffs and 12% per annum from May 26, 2020 to the day of complete payment.

Reasons

1. Facts of recognition;

A. E (hereinafter “the deceased”) died on November 19, 2019, and the inheritor has wife F (3/13) and children (2/13 of the inheritance portion), the Plaintiffs (2/13 of the inheritance portion), the Defendant (son) and G (son).

B. At the time of the deceased’s death, the inherited property is each real estate listed in attached Form 1.

C. On September 22, 2015, the Deceased donated each real estate listed in attached Form 2 to the Defendant.

The F donated each real estate listed in attached Form 3 to G on July 16, 2015.

[Ground of recognition] The descriptions of Gap evidence 1 to 6 (including paper numbers), Eul evidence 1 (including paper numbers), and the purport of the whole pleadings

2. Claim for restitution of legal reserve of inheritance:

(a) The calculation method of shortage in legal reserve of inheritance shall be calculated by adding the value of the donated property at the time of the commencement of the inheritance by deducting the total amount of debts; and

(Article 113(1) of the Civil Act. The detailed method of calculation shall be as follows:

Shortage in the legal reserve = [A] The basic amount of property calculated as the legal reserve 】 the ratio of the person holding the right to the legal reserve 】 The amount of special profit (C) - The amount of net inheritance (D) of the person holding the right to the legal reserve ? The amount of inherited property ? B = the amount of inherited property 1/23 = the amount of inherited property - the amount of property acquired by the person holding the right to the legal reserve - the amount of inherited property acquired by the inheritance by the person holding the right to the legal reserve - the amount of inherited property - the amount of

B. Under Article 1114 of the Civil Act, the basic amount of property (A) in calculating the legal reserve of inheritance is generally limited to the donation to be included in the basic property in calculating the legal reserve of inheritance for one year prior to the commencement of the inheritance. However, when both parties knew that damage would be inflicted on the right holder of the legal reserve of inheritance, the donation made one year prior to the commencement of the inheritance is also included.

However, Article 108 of the Civil Act, which is applicable mutatis mutandis by Article 1118 of the Civil Act, provides that there is a person who receives a gift or testamentary gift from an inheritee among co-inheritors.

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