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(영문) 서울동부지방법원 2017.11.16 2017가합104338
유류분반환 등 청구의 소
Text

1. The Defendant’s KRW 105,719,297 as well as the Plaintiff’s annual rate from September 22, 2017 to November 16, 2017.

Reasons

1. Basic facts

A. The decedent C died on October 8, 2015.

B. As the inheritor of the inheritee, the Defendant (the report of marriage on March 3, 2009) and the inheritee and the deceased (the death on February 15, 2008) are born between the deceased and E.

Legal shares of the Plaintiff and the Defendant are 2/7 shares and 3/7 shares.

C. At the time of death, the decedent owned the deposit claim (including beneficiary certificates account) of KRW 104,964,925 against the new bank at the time of death.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 to 6, Eul evidence 6 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Since the plaintiff's assertion infringed on the plaintiff's legal reserve of inheritance by donation of real estate and cash to the defendant before birth, the defendant must return to the plaintiff 187,310,772 won, which is below the plaintiff's legal reserve of inheritance.

3. Determination

(a) Shortage in the method of calculating shortage in the legal reserve = [A] 】 Special benefit amount from the person holding the right to the legal reserve of inheritance (C) - The amount of net benefit from the person holding the right to the legal reserve of inheritance (D) ? The amount of positive inherited property + the amount of inheritance ? The amount of inheritance debts 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 inheritance debts / the amount of inheritance inheritance / the amount of inheritance inheritance / 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 inheritance

B. Under the relevant legal doctrine, legal reserve of inheritance 1 is calculated based on the amount calculated by adding the value of donated property to the value of the property of the inheritee at the time of the commencement of inheritance and deducting the inherited debts. If there is a person among co-inheritors who has made special profits by means of a pre-sale donation of property from the inheritee, the donation shall be excluded from the application of Article 1114 of the Civil Act, and the donation shall be made before one year prior

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