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(영문) 수원지방법원평택지원 2019.01.10 2016가합9683
유류분반환 청구의 소
Text

1. The Defendant: (a) KRW 2,442,402 for each of the Plaintiff A, C, D, E, and F; and (b) each of the said money from October 5, 2016 to January 10, 2019.

Reasons

1. Basic facts

A. The deceased H (hereinafter “the deceased”) died on June 14, 2016, and the deceased’s heir is the spouse I, the children, and the Defendant.

B. At the time of the deceased’s death, there were 1,050/1,828 shares out of 4,99 square meters in Pyeongtaek-si J-si J (hereinafter “instant real estate”). The value is 206,70,480 won, and there was no other property or any other liability.

C. Meanwhile, at the appellate court in the case of a petition for adjudication on the division of inherited property filed by the Plaintiffs against the Defendant and I, a ruling of recommending reconciliation was rendered on April 3, 2018 with the purport that “1,050/1,828 shares out of the 4,998 square meters in Pyeongtaek-si J, Pyeongtaek-si, are divided into shares of 1/6 shares, respectively.” The said ruling of recommending reconciliation was finalized on April 26, 2018.

(The Court Order 2016Shap209, Seoul High Court Order 2017BB311, hereinafter referred to as the "Recommendation Order for Reconciliation in this case") / [based on recognition] / The fact that there is no dispute, Gap evidence 1, 2, 19, 20, Eul evidence 8, and 10 (including each number), the result of the market price appraisal commission to the appraiser K of this Court, the purport of the entire pleadings.

2. Determination

A. The calculation method of shortage in legal reserve of inheritance can be claimed against the co-inheritors to return shortage in legal reserve of inheritance to the extent of shortage when there is insufficient amount of shortage in legal reserve of inheritance due to the birth donation to other co-inheritors of the inheritee. Article 1113(1) of the Civil Act provides that legal reserve of inheritance shall be calculated by adding the value of the property owned at the time of the commencement of inheritance to the value of the property owned at the time of the commencement of inheritance and deducting the total amount of the debt. The specific calculation method of

The shortage in the legal reserve = The amount of the legal reserve of inheritance (A) 】 the ratio of the legal reserve of inheritance (B) - the special benefit (C) of the person with the right to the legal reserve of inheritance - A = the amount of the legal reserve of inheritance of the person with the right to the legal reserve of inheritance (D) .

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