(영문) 부산지방법원 2017.03.16 2015가단62735

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(영문) 부산지방법원 2017.03.16 2015가단62735

유류분

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1. The Defendant’s KRW 10,387,012 as well as the Plaintiff’s annual rate of KRW 5% from June 6, 2015 to March 16, 2017.

Reasons

1. Basic facts

(a) the net C et al. is not more than the network;

The husband filed a separate lawsuit against the Defendant, E, the Defendant, and F (this Court Decision 2016Kadan19448) claiming the return of legal reserve of inheritance against the Defendant.

) The Plaintiff, the deceased, and the deceased G (spouse and children) were dead.

B. The deceased died on June 6, 2015, and the E, the E, the F, and the Plaintiff four were co-inheritors.

B. At the time of the death, the Deceased’s “real estate on inheritance” refers to the land and building listed in the Appendix 1 List.

in its own name.

C. The Deceased’s land and buildings listed in the attached list No. 2 (hereinafter “the donated real estate”).

(D) The Plaintiff filed the instant lawsuit claiming payment, asserting that the Defendant was liable to return the amount stated in the purport of the claim to the Plaintiff, on the grounds that the Plaintiff was obligated to return the amount stated in the purport of the claim, on October 22, 2009, because the Plaintiff had owned the real estate donated from the deceased on the ground of donation on October 22, 2009.

2. Determination

A. The plaintiff can seek the return of the legal reserve of inheritance against the defendant within the extent of the shortage when there is a shortage of legal reserve of inheritance due to the deceased's donation or testamentary gift. The calculation method of the shortage of legal reserve of inheritance of the plaintiff is as follows.

Shortage in the legal reserve = [A] 】 The amount of property that forms the basis for calculating the legal reserve 】 the ratio of the person entitled to the legal reserve of inheritance (B) - The amount of special profit (C) - The amount of net inheritance (D) with the person entitled to the legal reserve of inheritance ＋ the amount of positive inherited property £« B = the amount of inheritance 1/23 = the amount of inheritance with the person entitled to the legal reserve of inheritance £« the amount of inheritance with D/ the amount of inheritance with the person entitled to the legal reserve of inheritance.

유사 판례

-부산지방법원 2017.03.16 2016가단19448

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-서울남부지방법원 2017.04.19 2016가단223818

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