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(영문) 부산지방법원 2017.10.18 2016가합1062
유류분반환
Text

1. For the plaintiffs:

A. Defendant E’s annual interest in KRW 23,828,977, respectively, from April 6, 2016 to December 26, 2016.

Reasons

1. Basic facts

A. On March 12, 2016, H died, and the heir was the Plaintiffs, who are his/her father, and son, the Defendants.

B. I died on November 4, 1984 as H’s father, and J is Defendant E’s son.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2, Eul evidence 4-2, the purport of the whole pleadings

2. Claim for restitution of legal reserve of inheritance:

A. The calculation method of shortage in the legal reserve of inheritance can be claimed against the co-inheritors to the extent that there is a shortage in the legal reserve of inheritance due to the birth donation to other co-inheritors, etc. of the inheritee, and the shortage in the legal reserve of inheritance is calculated as follows.

Shortage in the legal reserve = Amount of the legal reserve of inheritance [A] 】 Special benefit (C) from the person holding the right to the legal reserve of inheritance (B) - Amount of the net benefit from 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 + Amount of 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 = 1/23 of the amount of the legal reserve of inheritance of the person holding the right to the legal reserve of inheritance of the person holding the right

B. A. Legal reserve of inheritance (A) is calculated on the basis of an amount calculated on the basis of an amount calculated on the basis of an amount calculated on the basis of an amount calculated by adding the value of the property that an ancestor donated before the commencement of the inheritance to the value of the property held at the time of the commencement of the inheritance and deducting the total amount of debts owed at the time of the commencement of the inheritance (see Article 1113(1) of the Civil Act). Such “donation” includes only a donation made by an ancestor for one year before the commencement of the inheritance (see the first part of Article 1114 of the Civil Act, but where a co-inheritors has made special profits from the donation of the property by the ancestor before the commencement of the inheritance, the provisions of Article 1114 of the Civil Act shall be excluded, and therefore, whether the donation was made

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