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(영문) 서울동부지방법원 2019.01.18 2015가합110490
유류분반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The relationship between the parties and inheritance relationship 1) The relationship between the parties and the non-party E (hereinafter “the deceased”).

(2) On November 29, 2014, the Plaintiff, Defendant B, Defendant D, and Nonparty F was the inheritor. (2) Defendant C is the spouse of Defendant B.

B. The Deceased’s inherited property had a deposit claim of KRW 55,774,749 at the time of death.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 18 through 21, 24 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether a claim for the refund of legal reserve has occurred;

A. According to Article 1112 and Article 1113 of the Civil Act, the shortage of legal reserve of inheritance in the method of calculating shortage in legal reserve of inheritance shall be calculated by the following methods, specifically after the person with the right to legal reserve of inheritance became final and conclusive at the time of the commencement of inheritance of the inheritee.

Shortage in the method of calculating shortage in the legal reserve = [A] 】 Special benefit of the person holding the right to the legal reserve 】 (C) - The amount of the right to the legal reserve ? The amount of the right to the legal reserve - The amount of the right to the legal reserve - A = the amount of the right to the legal reserve - The amount of the right to the legal reserve 1/23 = the amount of the right to the legal reserve / D/ the amount of the property acquired by the person holding the right to the legal reserve - the amount of the property acquired by the inheritance - the amount of the property acquired by the right to the legal reserve - the amount of the inheritance share

B. According to Article 1114 of the Civil Act, the basic amount of property (A) in calculating the legal reserve of inheritance is in principle limited to the donation included in the basic property in calculating the legal reserve of inheritance for one year prior to the commencement of the inheritance. However, when both parties knew that it would inflict damage on the right holder of the legal reserve of inheritance, the donation made one year prior to the commencement of the inheritance includes.

However, if there is a person among co-inheritors who has made a special benefit as a donation before the inheritee, the provisions of Article 1114 of the Civil Code shall be excluded.

Therefore, it is against co-inheritors.

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