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(영문) 부산지방법원 2020.06.05 2019나51611
유류분반환등청구의 소
Text

1.The judgment of the first instance court, including any claims added and expanded by this Court, shall be modified as follows:

Reasons

1. Basic facts

A. The deceased F (hereinafter “the deceased”) died on December 1, 2017. The deceased’s heir is the Plaintiff A, B, Defendant (hereinafter “Appointed Party”), Appointed E (hereinafter “Appointed Party”) who is the deceased’s child, and the deceased’s heir G, who was deceased on March 3, 2013 (hereinafter “the Appointed Party”) and the deceased’s heir who died on March 3, 2013, 201.

B. On November 3, 2001, the registration of ownership transfer was completed in the name of the deceased on the attached building (hereinafter “instant building”) and on March 16, 201, the registration of ownership transfer was completed in the name of the Defendants as to each 1/2 share under the name of the Defendants on March 16, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 to 4, Gap evidence 3, the purport of the whole pleadings

2. Calculation of shortage in legal reserve of inheritance;

A. Article 1113(1) of the Civil Act provides that “The legal reserve of inheritance shall be calculated by adding the value of the donated property at the time of the commencement of the inheritance of the inheritee to the value of the donated property at the time of the commencement of the inheritance, and deducting the total amount of the debt.” The specific method of calculation is as follows.

Shortage in the legal reserve = [A] 】 The amount of property that forms the basis for calculating the legal reserve 】 The amount of special profit (C) - The amount of net inheritance (D) of the person holding the right to the legal reserve / The amount of the right to the legal reserve / The amount of inherited property / The amount of inherited property / B / The amount of inherited property / The amount of inheritance debts / C 1/2 of the amount of inheritance inheritance / the amount of property acquired by the person holding the right to the legal reserve - the amount of inheritance debts / the amount of property acquired by the inheritance of the person holding the right to the legal reserve -

B. Legal reserve of inheritance (A) is calculated on the basis of the value of the property at the time of the commencement of inheritance of the inheritee and the amount calculated on the basis of the amount calculated by adding the value of the property at the time of the commencement of inheritance and deducting the inherited debt

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