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(영문) 서울북부지방법원 2018.06.21 2014가합25461
유류분반환
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) are dismissed.

2. The Plaintiff (Counterclaim Defendant) is KRW 68,513,534.

Reasons

Basic Facts

The network D (EE; hereinafter referred to as “D”) had the Plaintiff, Counterclaim Plaintiff, Defendant, and designated parties as their children between the wife F (GG students; hereinafter referred to as “F”), died on April 23, 2013, and F died on March 4, 2014.

[Ground of recognition] The plaintiff asserted that the defendant and the designated parties infringed the plaintiff's legal reserve of inheritance in the inheritance procedure against F, and that the plaintiff infringed the plaintiff's legal reserve of inheritance against F. The plaintiff asserted that the plaintiff infringed the plaintiff's legal reserve of inheritance in the inheritance procedure against D. The plaintiff infringed the plaintiff's legal reserve of inheritance against D.

Shortage in the calculation method of shortage in the legal principles related to the legal reserve = the amount of the legal reserve of inheritance [A] 】 Special benefit amount of the person holding the right to the legal reserve of inheritance (C) - The amount of the net benefit (D) of the person holding the right to the legal reserve of inheritance of the person holding the right to the legal reserve of inheritance of the person holding the right to the legal reserve of inheritance of the person holding the right to the legal reserve of inheritance of the person holding the right to the legal reserve of inheritance of the person holding the right to the legal reserve of inheritance of 1/23 = the amount of increase of the legal reserve of inheritance of the person holding the right to the legal reserve of the deceased + the amount of the property acquired by the inheritance of the person holding the right to the legal reserve of inheritance of the person holding the right to the legal reserve of inheritance of the person having the right to the legal reserve of inheritance ? The amount of the inheritance of the person

Legal reserve of inheritance shall be calculated on the basis of the value of the property that an ancestor has donated before the commencement of the inheritance and the amount calculated on the basis of the amount obtained by deducting the total amount of debts owed at the time of the commencement of the inheritance from the value of the property.

(Article 1113(1) of the Civil Act. The term "donation" of a woman includes only a donation made by an ancestor for one year prior to the commencement of the inheritance (Article 1114 of the Civil Act).

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