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(영문) 수원지방법원성남지원 2017.11.07 2016가합206013
유류분반환
Text

1. Defendant C’s KRW 122,052,977 as well as 5% per annum from October 8, 2016 to November 7, 2017 to the Plaintiff.

Reasons

Basic Facts

The Plaintiff and the Defendants are children of the network D (hereinafter referred to as “the network”).

On August 30, 2016, the deceased died. At the time of death, the deceased’s wife, E and the Defendants, as the inheritor, are the children of the deceased.

No inherited or inherited property may be found at the time of the deceased’s death.

[Grounds for recognition] The plaintiff's assertion as to the plaintiff's grounds for claim as to Gap's evidence Nos. 1 and 3, testimony of witness E, and the purport of the whole pleading. The plaintiff's assertion made a donation of real estate to the defendant Eul before his birth, and cash to the defendant C. As such, since the plaintiff's legal reserve of inheritance was infringed, the defendants shall pay the plaintiff the amount equivalent to the plaintiff's legal reserve

Article 1113(1) of the Civil Act provides that "The legal reserve of inheritance shall be calculated by adding the value of the property held at the time of commencing the inheritance of the inheritee to the value of the property, and deducting the total amount of the debts," and the shortage in the legal reserve of inheritance = [A] x the value of the property held at the time of commencing the inheritance of the inheritee x the ratio of the person holding the right to the legal reserve of inheritance x (C) - The amount of the special profit of the person holding the right to the legal reserve of inheritance x the amount of the positive inherited property x the amount of the inheritance x the amount of the inheritance x 1/23 = the amount of the inheritance / the amount of the property acquired by the person holding the right to the legal reserve of inheritance - the amount of the inheritance - the amount of the property acquired by the person having the right to the legal reserve of inheritance

Under the premise of the above calculation method, the plaintiff's shortage of legal reserve of inheritance shall be calculated after the judgment of the parties on the scope of property, which is the basis of calculation of legal reserve of inheritance.

The provisions of Article 1114 of the Civil Act shall apply to the co-inheritors who received special benefits from the pre-sale donation of property from an ancestor among the legal principles related to judgment on the amount of property(A) which is the basis of calculating the legal reserve of inheritance.

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