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(영문) 인천지방법원 부천지원 2018.11.28 2017가합100122
유류분반환
Text

1. On March 24, 2017, Defendant E: (a) KRW 167,353,439 for each of the Plaintiffs; and (b) KRW 40,859,333 for each of the Defendants F and each of the said money.

Reasons

Basic facts are based on the Plaintiffs, G, and Defendant E are children born between the network H (hereinafter “the network”) and the network I, and Defendant F is Defendant E’s children.

The Deceased died on March 25, 2016, and there was no property or any obligation of inheritance in the name of the Deceased at the time.

[Ground of Recognition: Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 13 (Evidence No. 13) and the purport of the whole pleadings] Since the plaintiff's assertion was infringed upon the plaintiff's legal reserve of inheritance by donating the real estate owned by the plaintiff to the defendants, the defendants should return the shortage in legal reserve of inheritance of the plaintiffs, such as the statement in the plaintiffs' claim.

The shortage in the calculation method of shortage in the duty to return the legal reserve of inheritance or the duty to return the legal reserve of inheritance may be calculated through the calculation method as follows:

Shortage in legal reserve = [A] x (B) of the person entitled to legal reserve 】 Special benefit of the person entitled to legal reserve of inheritance (C) - The net benefit amount of the person entitled to legal reserve of inheritance of the person entitled to legal reserve of inheritance of the person entitled to legal reserve of inheritance of the person entitled to legal reserve of inheritance of the person entitled to legal reserve of inheritance of the person entitled to legal reserve of inheritance of the person entitled to legal reserve of inheritance + The amount of inheritance of 1/23 = the increased amount of the inheritance of the person entitled to legal reserve of inheritance of the person entitled to legal reserve of inheritance of the person / the amount of the property acquired by the person entitled to legal reserve of inheritance of the person / the amount of the property of the person entitled to legal reserve of inheritance of the person / the amount calculated on the basis of the amount calculated on the basis of the value of the property of the deceased at the time of the inheritance of the person and the amount of the inheritance of the person entitled to legal reserve of inheritance of the person entitled to legal reserve of inheritance of the person.

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