logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.09.29 2015나16936
유류분반환
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

Basic Facts

On December 7, 1944, the parties’ relevant network D (hereinafter referred to as “the network”) completed a marriage report with the network E on December 7, 194, and had children F (ma), G (ma), Defendant B (ma), the Plaintiff (ma), H (ma), and Defendant C (ma).

In Table 1, Plaintiff C 16,883 F 4,200 H 3,600 J 2,600 The deceased died on September 10, 2010 and July 6, 2012, respectively.

I A donation of shares was established on September 1, 1994 by the Deceased, Inc. I (hereinafter referred to as “I”) and donated shares as indicated in Table 1.

【In the absence of dispute, the Defendants are obligated to return the Plaintiff’s shortage in legal reserve of inheritance, inasmuch as the Defendants alleged by the Plaintiff’s assertion was infringed upon the Plaintiff’s legal reserve of inheritance by receiving the real estate, money, etc. from the Deceased, as the Plaintiff’s assertion was in violation of the Plaintiff’s legal reserve of inheritance.

The calculation method of shortage in legal reserve of inheritance shall be calculated on the basis of the amount calculated by adding the value of donated property at the time of the commencement of the inheritance to the value of the inherited property at the time of the commencement of the inheritance, and the amount calculated by deducting the amount of inherited property from the value of the inherited property. If there is a person who has made special profits from the inherited property through the birth donation from the deceased among co-inheritors, such donation shall be excluded from the application of Article 1114 of the Civil Act, regardless of whether it was before the commencement of inheritance one year, and whether both parties knew that damage would be inflicted on the inherited property, and the value of the donated property which is the basis of calculation of legal reserve of inheritance shall be calculated at the time of the commencement of the inheritance of the deceased (see Supreme Court Decision 95Da17885, Feb. 9, 196). Any biological donation shall be calculated on the basis of the value of the inherited property at the time of the commencement of the inheritance of the deceased.

arrow