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(영문) 서울서부지방법원 2017.01.26 2014가합33147
유류분청구
Text

1. The Plaintiff, Defendant B, and Defendant C, Defendant C, as well as each of the above amounts: KRW 42,376,396,396.

Reasons

1. Basic facts

A. The Plaintiff is the legal spouse of D on January 20, 2008, who is married with D on January 2008, and the Defendants are children of D.

D The deceased on October 30, 2013, and the Plaintiff and the Defendants were co-inheritors of the deceased D (hereinafter “the deceased”).

B. After the deceased’s separation from the former wife E (the deceased on June 15, 2004) and the deceased, the deceased and the Defendants remarried. The Defendants were born between the deceased and the deceased E.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Plaintiff’s claim against the Defendants

A. The Plaintiff’s assertion against the Defendants is that the Defendants received testamentary gifts from the deceased in advance, and received testamentary gifts, and thereby, there was a shortage in the Plaintiff’s legal reserve of inheritance. Therefore, the Defendants are obligated to pay the Plaintiff each amount of money stated in the purport of the claim and damages for delay due to the return of legal reserve of inheritance in the manner

B.1) Determination 1) short in the calculation method of shortage in the legal reserve = [A] shortage in the legal reserve of inheritance = (the amount of the property that forms the basis for the calculation of the legal reserve of inheritance 】 the special profit (C) with the person entitled to the legal reserve of inheritance ] - the amount of the pertinent legal reserve of inheritance - the amount of the amount of the inherited property with the net share of inheritance (D) - the amount of the inherited property with the person entitled to the legal reserve of inheritance 1/23 = the amount of the inherited property - the amount of the property acquired by the person entitled to the legal reserve of inheritance - the amount of the property acquired by the person entitled to the pertinent legal reserve of inheritance - the shortage in the legal reserve of inheritance

B) The legal reserve of inheritance (A) shall be calculated on the basis of the amount calculated by adding the value of the property that the decedent had donated before the commencement of inheritance to the value of the property that the decedent had held at the time of inheritance and deducting the total amount of the debt that the decedent had assumed at the time of the commencement of inheritance (see Article 1113 of the Civil Act). Meanwhile, Article 108 of the Civil Act, which is applicable mutatis mutandis under Article 1118

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