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(영문) 부산고등법원 2016.08.18 2015나57492
유류분반환
Text

1. The part of the judgment of the court of first instance against the defendant C ordering a payment in excess of the following money shall be cancelled:

Reasons

1. The court's explanation on this part of the basic facts is as follows: "two regular deposits" No. 4 of the first instance court's decision No. 18 shall be deemed as "two regular deposits"; "Expert Q" shall be deemed as "Expert Q"; "this court" shall be deemed as "the first instance court Q"; and "the court" shall be deemed as "the court of the first instance"; and the reasoning of the first instance judgment shall be as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, except for the following additions to the five pages 12 of the first instance court's decision, this part of the reasoning of the first instance court's judgment shall be cited as it is in accordance with the main sentence of

E. As of the date of the closing of argument in this case in the name of K real estate in this case, the registration name of K real estate in this case was R, and the registration of ownership transfer was not completed in Defendant D’s name.

2. The court's explanation on this part of the parties' assertion is identical to the reasoning of the judgment of the court of first instance as stated in Article 420 of the Civil Procedure Act.

3. Determination as to the claim against Defendant C

A. The plaintiff can seek the return of the legal reserve of inheritance against the defendant C within the extent of the shortage when the plaintiff is deficient due to the deceased's donation or testamentary gift method of calculating the shortage of legal reserve of inheritance. The calculation method of the shortage of legal reserve of inheritance of the plaintiff is as follows.

Shortage in the legal reserve = [A] 】 The amount of property that forms the basis for calculating the legal reserve 】 the ratio of the person entitled to the legal reserve 】 - The amount of special profit (C) - The amount of net inheritance (D) with the person entitled to the legal reserve + the amount of positive inherited property + the amount of inherited property + 1/23 of the amount of inheritance with respect to lineal descendants of the inheritee = the amount of inheritance with respect to the legal reserve + the amount of inheritance with respect to lineal descendants of the inheritee / the amount of property acquired by the person entitled to the legal reserve - the amount of inheritance share

B. According to the above evidence, the Plaintiff’s shortage in legal reserve of inheritance (1) amount of property (A) which forms the basis for calculating legal reserve of inheritance (A) is assessed.

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