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(영문) 서울남부지방법원 2018.01.23 2015가단59577
유류분반환 등
Text

1. On May 17, 2017, the Defendant: (a) against the Plaintiff (Appointeds) and the appointed parties, each of the above amounts of KRW 7,243,750 and each of the above amounts.

Reasons

1. Facts of recognition;

A. The deceased D (hereinafter “the deceased”) died on December 21, 2014. As the deceased’s heir, the Plaintiffs and the Defendant are children, and the statutory inheritance portion is 1/8, respectively.

B. Meanwhile, on October 7, 2014, the Deceased donated real estate listed in the attached list owned by the Deceased (hereinafter “instant apartment”) to the Defendant, and the Defendant completed the registration of ownership transfer on October 8, 2014 regarding the instant apartment on the ground of donation on October 7, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Determination as to the cause of claim

A. Since the plaintiffs' forced inheritance was violated by donating the apartment of this case and cash KRW 10,900,000 to the defendant before the deceased's death, the defendant should return to the plaintiffs each of the forced inheritance amounting to KRW 11,742,493 and delay damages.

B. (1) Determination of the amount of statutory reserve of inheritance in shortage shall be determined by deducting the total amount of debts borne by the decedent at the time of the commencement of the inheritance from the value of the property donated by the decedent at the time of the commencement of the inheritance.

Therefore, the amount of legal reserve shall be calculated by multiplying the calculated amount of the property by the ratio of the legal reserve under the Civil Code Article 1112, and when the person with legal reserve of inheritance gains special profits, the amount should be deducted.

The amount of infringement of the legal reserve of inheritance shall be calculated by deducting the amount of property acquired by inheritance from the amount of the legal reserve of inheritance calculated as above, if the person with the right to the legal reserve of inheritance has an inheritance obligation to be borne by the claimant.

If this is indicated in the calculation formula, it shall be as follows:

Amount of violation of legal reserve of inheritance = [A] property (A x the person with the right to legal reserve of inheritance.]

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