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(영문) 부산지방법원동부지원 2020.08.18 2019가단208283
유류분 반환 청구의 소
Text

1. Defendant I: (a) each of the KRW 11,220,446 to Plaintiff F and G; (b) KRW 22,440,892 to Plaintiff H; and (c) Defendant J to Plaintiff F and G, respectively.

Reasons

Basic Facts

The deceased K (hereinafter referred to as “the deceased”) died on December 3, 2018, and the heir is the deceased E, Plaintiff H and Defendant I, a child.

On the other hand, the deceased’s spouse and the deceased’s spouse and the deceased’s maternal L, which is the mother of the Plaintiff H and Defendant I, died on March 20, 2012.

On the other hand, the network E died on May 3, 2020, and there was Plaintiff F and G, a child as the heir.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including branch numbers), Eul evidence Nos. 3, the overall purport of the pleading, the occurrence of the right to claim the forced reserve of inheritance and the calculation method of shortage in the forced reserve of inheritance are as follows.

Shortage in the legal reserve = [A] 】 Special profit-making (C) at the person entitled to legal reserve of inheritance 】 1/23 at the net profit-making (D) at the person entitled to legal reserve of inheritance ? Inheritance amount at the time of inheritance ? 1/23 at the time of the person entitled to legal reserve of inheritance ? The amount of lineal descendants of the inheritee - the amount of inheritance - the amount of the property acquired by the person entitled to legal reserve of inheritance - the amount of the property acquired by the person entitled to legal reserve of inheritance - the amount of the property acquired by the person entitled to legal reserve of inheritance - the amount of donation - the amount of donation - the amount of the property acquired by the person entitled to legal reserve of inheritance - the amount of donation - the amount of the property which is the basis for calculating the amount of inheritance share - the amount of inheritance share - the amount of donation is calculated in accordance with the provisions of Article 1114 of the Civil Act. Where both parties knowingly made a donation to the person entitled to legal reserve of inheritance of one year before the inheritance.

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