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(영문) 서울서부지방법원 2018.11.28 2017가단231792
유류분반환
Text

1. The Defendant’s each of the Plaintiffs’ KRW 138,458,018 and KRW 100,000 among them, shall be from October 19, 2017 to 38,458.

Reasons

1. Facts of recognition;

A. The deceased died on August 8, 2017. At the time, the deceased’s heir was the Plaintiff B, the Plaintiff A, the Defendant, and the F.

B. On June 23, 2015, the network D donated each real estate listed in the separate sheet to the Defendant, and on June 24, 2015, registered the transfer of ownership on the ground of donation to the Defendant.

(hereinafter referred to as the “instant G land” according to the lot number, and the “Attachment 6” shall be replaced by the same method as the “instant H building,” and the “each of the instant real estate” shall be collectively referred to in the attached list 1 through 5.

The value of each real estate of this case at the time of the deceased’s death is 1,536,038,200 won in total.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 4, 9, 10, and 11, and the purport of the whole pleadings

2. Determination

A. Shortage in the method of calculating shortage in the legal reserve = [A] 】 Special benefit of the person with the right to the legal reserve of inheritance (C) - The net benefit of the person with the right to the legal reserve of inheritance (D) ] ? The amount of positive donated property - The amount of inherited property ? B/ The amount of debts of the inheritee’s lineal descendants and spouse = 1/2C = the amount of assets acquired by the person with the right to the legal reserve of inheritance - the amount of assets acquired by the person with the right to the legal reserve of inheritance - the amount of debts of the inheritance - the amount of debts of the person with the right to the legal reserve of inheritance of 1/2 C = the

2. Legal reserve of inheritance, which is the basis of calculating legal reserve of inheritance, shall be calculated on the basis of the value of the property of the inheritee as at the time of the commencement of inheritance and the amount calculated on the basis of the amount calculated by deducting the amount of inherited property from the amount of inherited property. In cases where there are persons among co-inheritors who have made special profits from the property by means of a living donation from the inheritee, the provisions of Article 1114 of the Civil Act shall be excluded, and the donation shall be calculated regardless of whether it had been before the commencement of inheritance

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