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(영문) 서울동부지방법원 2014.03.19 2010가합12232
유류분반환
Text

1. The defendant

A. As regards Plaintiff A, 253,089,993 won and 131,675,265 won among them, from July 30, 2010 to the remainder.

Reasons

1. The following facts do not conflict between the Parties:

The relevant network D (hereinafter “the deceased”) of the parties died on September 17, 2009, and at the time there was the Plaintiffs, children, Defendant, F, and G, who are their spouses, as the inheritor of the deceased.

B. At the time of the death, the Deceased’s inherited property owned each real estate listed in the separate sheet No. 7 and financial assets of KRW 525,500,000, and there is no inheritance obligation.

2. Shortage in the method of calculating shortage in the legal reserve = [A] (the amount of property that forms the basis for calculating the legal reserve of inheritance x the ratio of the person entitled to the legal reserve of inheritance (B) - The amount of special profits (C) from the person entitled to the legal reserve of inheritance - The amount of net inheritance (D) of the person entitled to the legal reserve of inheritance - The amount of positive inherited property - B/C for lineal descendants of the inheritee, 1/2 of the amount of inheritance = the amount of property acquired by the person entitled to the legal reserve of inheritance - the amount of property acquired by the person entitled to the legal reserve of inheritance - the amount of the legal reserve of inheritance -

3. Determination on the amount of property (A) that forms the basis for calculating the legal reserve of inheritance

A. Legal reserve of inheritance shall be calculated on the basis of the amount calculated by adding the value of donated property at the time of commencement of inheritance to the value of donated property at the time of the commencement of inheritance and deducting the amount of inherited property from the amount of inherited property. If there is a person who has made special profits from the donated property from among co-inheritors, the application of Article 1114 of the Civil Act shall be excluded, and the donation shall be included in basic property for calculation of legal reserve of inheritance regardless of whether it had been prior to the commencement of inheritance one year, and whether both parties knew that damage would be inflicted on the donated property. The value of the donated property, which is the basis of calculation of legal reserve of inheritance, shall be calculated at the time of commencement of inheritance of the deceased decedent (see, e.g., Supreme Court Decision 95Da17885, Feb. 9, 196). Whether any biological donation constitutes special profits,

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