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(영문) 서울고등법원 2017.04.21 2016나2057121
유류분반환
Text

1.The judgment of the first instance shall be modified as follows:

Defendant B, Defendant B, Defendant C, and Defendant C, 774,366.

Reasons

1. Inheritance relationship;

A. The network D (hereinafter “the network”) produced the Plaintiff and F with E, and F generated the Defendants between G and the Defendants, and F died on December 12, 1973.

After that, G re-reind.

B. The Deceased died on March 8, 2015, and the Plaintiff and the Defendants, the grandchildren, inherited the Deceased.

Inheritances are Plaintiff 1/2 and Defendants 1/4, respectively.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, 68 evidence, purport of the whole pleadings

2. Since the Plaintiff’s assertion on the legal reserve of inheritance infringed upon the Plaintiff’s heir, due to cash and gift of real estate against the Defendants of the deceased, the Defendants should return the legal reserve of inheritance to the Plaintiff within the scope of the property donated to the Plaintiff.

3. The plaintiff, as the inheritor of the deceased, can seek the return of the property donated to the Defendants to the extent that there is a shortage in the plaintiff's legal reserve of inheritance due to the donation before the deceased's birth against the Defendants. Thus, we examine whether there was a shortage in the plaintiff's legal reserve of inheritance.

(a) Shortage in the calculation method of the shortage of the legal reserve = [A] [the amount of property (A) forming the basis for the calculation of the legal reserve 】 the ratio of the person entitled to the legal reserve of inheritance (B) - the amount of special profits (C) from the person entitled to the legal reserve of inheritance - A = the amount of the net inheritance (D) donated to the person entitled to the legal reserve of inheritance - B = the amount of the inheritance obligation of the inheritee 1/23 = the amount of the inheritance obligation of the lineal descendants of the inheritee / the amount of the property acquired by the person entitled to the legal reserve of inheritance - the amount of the property acquired by the inheritance - the amount of

B. Legal reserve of inheritance, which is the basis for calculating legal reserve of inheritance (A) is calculated on the basis of the amount calculated by adding the value of the donated property at the time of the commencement of inheritance to the value of the inherited property and deducting the inherited debt.

Among co-inheritorss, the property from the inheritee.

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