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(영문) 수원지방법원 2018.05.29 2016가단518495
유류분반환청구
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C: (a) died on February 5, 2014 (hereinafter “the deceased”); (b) the Plaintiff, who is the deceased’s spouse (re-born on February 20, 1998), and the Defendant, D, and E jointly inherited the deceased’s property.

B. The Plaintiff’s share of inheritance is 3/9, and the Defendant’s share of inheritance is 2/9.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the defendant donated each real estate and cash listed in the annexed list from the deceased before their birth or received special profits from legacy. Accordingly, since there is a shortage in the plaintiff's legal reserve of inheritance, the defendant is obligated to pay the plaintiff the money stated in the claim by returning the legal reserve of inheritance.

B. (1) The shortage in the calculation method of legal reserve in shortage can be calculated as follows.

Shortage in legal reserve = [A] x (B) with the person entitled to legal reserve of inheritance 】 Special benefit (C) with the person entitled to legal reserve of inheritance - The amount of donated property with the person entitled to legal reserve of inheritance - The amount of inherited property - B with the amount of inherited property with the person entitled to legal reserve of inheritance = 1/23 with the person entitled to legal reserve of inheritance = The amount of inherited property acquired by inheritance - the amount of inherited property acquired by the person entitled to legal reserve of inheritance - the amount of inherited property with the person entitled to legal reserve of inheritance - the amount of legal reserve of inheritance - the amount of legal reserve of basic property calculated based on the amount calculated by adding the amount of property acquired by the person entitled to legal reserve of inheritance - the amount of inherited property acquired by the person entitled to legal reserve of inheritance - the total amount of debts borne by the predecessor at the time of the commencement of inheritance (see Article 113 of the Civil Act). Meanwhile, in Article 1008 of the Civil Act applied mutatis mutandis pursuant to Article 11118 of the Civil Act, if his/her inherited property falls short.”

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