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(영문) 청주지방법원 2017.07.13 2015가합22578
유류분
Text

1. The Plaintiff, Defendant B’s 223,135,587 won and its related costs from October 23, 2015, Defendant C’s 44,307,671 won and its related costs.

Reasons

1. Basic facts E died on March 18, 2015. An inheritor is the Defendants, the Plaintiff, Nonparty F, Nonparty G (the spouse Nonparty H et al. due to the death of his spouse is below the inheritance by representation, and the inheritance shares are calculated on the premise that G is a birth by representation for convenience, separate from the inheritance by representation for convenience). Nonparty I, and Nonparty J are his children.

[Ground of recognition] Evidence No. 1, Evidence No. 2-1, and purport of the whole pleadings

2. Calculation of shortage in legal reserve of inheritance;

(a) Shortage in the calculation method of shortage in the legal reserve = [A] 】 Special benefit amount from the person holding the right to the legal reserve (C) - The amount of the pertinent legal reserve - The amount of positive donated property - The amount of inherited property - B/ the amount of inherited property for lineal descendants and spouse of the inheritee 1/23 = the amount of inherited property acquired by the person holding the right to the legal reserve - the amount of inherited property acquired by inheritance - the amount of inherited property acquired by the person holding the right to the legal reserve - the amount of inherited property acquired by the person holding the right to the legal reserve - the amount of inherited property

B. Legal reserve of inheritance (A) is calculated based on 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 was held by the decedent at the time of the commencement of inheritance (see Article 1113 of the Civil Act) and deducting the total amount of the debt that the decedent had assumed at the time of the commencement of inheritance (see Article 1118 of the Civil Act). Meanwhile, in cases where there is a person who received a donation or testamentary gift from the decedent among co-inheritors, and the gift or testamentary gift does not reach his/her share of inheritance, there is a portion of inheritance within the extent of the shortage of the property.” This is intended to take this into account when there is a special beneficiary who received a donation or testamentary gift from the decedent among co-inheritors, by treating the inheritance property as the advance payment of the inheritance and by calculating the specific share of inheritance in order to ensure

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