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(영문) 인천지방법원 2019.01.18 2017가합54080
유류분반환
Text

1. For the plaintiffs:

A. Defendant C shall be from June 12, 2018 to the date of full payment with respect to each of the above amounts of KRW 86,037,740 and each of the above amounts.

Reasons

1. Basic facts

A. On April 1, 1954, the network G was a legally married couple who completed the network H and the marriage report, and had the Defendants and the network I as their children. The network H died on February 18, 1987.

B. On January 11, 1985, the deceased I was a legal couple who completed a marriage report with J on January 11, 1985 and was a child between them, and the deceased on September 1, 2002.

C. The deceased G (hereinafter “the deceased”) died on April 24, 2016, and accordingly, the Defendants, the deceased’s children, inherited or inherited each share of 1/5, and the Plaintiffs, the deceased’s grandchildren, inherited or inherited each share of 1/10.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including each branch number, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of action

A. Since the Plaintiffs’ legal reserve of inheritance was infringed due to cash and real estate donation to the Defendants of the Deceased, the Defendants should return the legal reserve of inheritance donated to the Plaintiffs within the scope of the property donated to them by the Plaintiffs.

B. The Plaintiffs, as the inheritor of the deceased, can seek the return of the property donated to the Defendants within the extent of the shortage when there is a shortage in the Plaintiffs’ legal reserve due to the donation before the deceased’s birth against the Defendants. Accordingly, we examine whether there was a shortage in the Plaintiffs’ legal reserve of inheritance.

1) Shortage in the calculation method of shortage in the legal reserve of inheritance is calculated by the following methods, specifying the property, which forms the basis for calculating the legal reserve of inheritance as of the time of the commencement of inheritance following the death of the deceased. Shortage in the legal reserve of inheritance = [A] 】 Special benefit amount (C) for the person holding the right to the legal reserve of inheritance - A = The amount of active inherited property (including testamentary gift + the amount of inherited property - B = the amount of inherited property.

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