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(영문) 부산지방법원 2019.11.13 2018가합48850
유류분 반환 청구
Text

1. For the plaintiffs:

A. From October 30, 2018 to October 30, 2018, Defendant C’s KRW 15,853,467, respectively, and Defendant D’s 10,300.

Reasons

1. Facts of recognition;

A. On November 29, 2016, the deceased F (hereinafter “the deceased”) died, and the deceased’s inheritors were children, both the Plaintiff and the G.

B. There was no inherited property and inheritance obligation at the time of the deceased’s death.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (if available, including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The Plaintiffs’ assertion made a prior donation of the following property to the Defendants, co-inheritors, thereby infringing the Plaintiffs’ legal reserve of inheritance.

Therefore, the Defendants are obliged to pay the same amount as that stated in the claims to the Plaintiffs as the reserved portion return.

(1) On November 7, 1996, the Deceased donated each of the following: (a) on January 15, 2016, the deceased donated the Defendant C with H 314 square meters; (b) on January 15, 2016, 585 square meters before E, 1,299 square meters; (c) on January 15, 2016, 1,27 square meters before J; and (d) on December 27, 201, 200 square meters before K, 2,764 square meters (hereinafter each of the above land is specified

B. The Deceased’s cash donation donated KRW 100,000,000 to the Defendant, as he/she had been living together with Defendant D around 201.

3. Return of legal reserve of inheritance:

A. The plaintiffs, as the heir of the deceased, can seek the return of the legal reserve of inheritance to the extent of the shortage when there is a shortage in the plaintiffs' legal reserve of inheritance due to their biological donation to the deceased's Defendants. The calculation method of shortage in legal reserve of inheritance is as follows.

Shortage in the legal reserve = [A] (the basic amount of property calculated as the legal reserve x (B) - the special amount of the person entitled to the legal reserve of inheritance - the net amount of inheritance (C) with the person entitled to the legal reserve of inheritance - the amount of donated property with positive inherited property - B = the amount of inherited property with 1/23 = the amount of inheritance with 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 inheritance with the amount of property allocated by inheritance with the person entitled to the legal reserve of inheritance of the inheritee

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