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(영문) 부산고등법원(창원) 2019.05.02 2018나13137
유류분반환청구의 소
Text

1.The judgment of the first instance shall be modified as follows:

Defendant F shall each be KRW 19,015,661, and Plaintiff D.

Reasons

1. The reasoning for the court’s explanation on this part of the facts of recognition and the plaintiffs’ assertion is the same as that for the corresponding part of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of

2. Determination

(a) The method of calculating shortage in legal reserve of inheritance shall be calculated by adding the value of donated property to the value of the property possessed by an ancestor at the time of commencing the inheritance, and deducting the total amount

(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 the right to the legal reserve ? The amount of the right to the legal reserve ? the amount of the positive inherited property - B = the amount of the right to the legal reserve 1/23 = the amount of the right to the legal reserve ? the amount of the property acquired by the person holding the right to the legal reserve - the amount of the property acquired by the inheritance - the amount of the right to the legal reserve

B. Under Article 1008 of the Civil Act which applies mutatis mutandis pursuant to Article 1118 of the Civil Act, where there is a person who received a gift or testamentary gift from an inheritee among co-inheritors among co-inheritors and where there is a special beneficiary who received a gift or testamentary gift of an inheritee from the inheritee, there is a share of inheritance to the extent of the shortage of the given property. The purpose of this provision is to consider the inheritance in the case where there is a special beneficiary who received a gift or testamentary gift from the inheritee among co-inheritors, in order to ensure fairness among co-inheritors by treating the given property as the share of inheritance in advance, and to calculate the specific share of inheritance.

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