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(영문) 서울동부지방법원 2020.06.18 2018가합109682
유류분반환청구 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Both the relevant parties, the Defendants, and D are children of E and F (parent).

E Deceased died on August 27, 1980, and F (hereinafter “the deceased”) died on June 4, 2018.

The deceased’s successors are the plaintiffs, the defendants, and D, and the inheritance shares are 1/4, respectively.

B. 1) The Deceased’s decision to recommend reconciliation as to the division of inherited property (hereinafter “the apartment of this case”) shall be based on the real estate listed in the annexed Table 1 as of the time of death.

) The owner of a motor vehicle and a claim, and the obligations listed in the separate sheet No. 2 (hereinafter “instant obligations”).

(2) On April 23, 2019, the Defendants filed a lawsuit for the division of inherited property against the Plaintiff and D (U.S. Family Court 2019shap533), and on August 6, 2019, the Suwon Family Court rendered a decision to recommend reconciliation with the content that the Defendants own the instant apartment and the instant debt, which are the deceased’s inherited property, jointly owned or completed with the shares of 1/4, the Plaintiff’s 1/2 shares, and the Plaintiff’s 1/2 shares. The vehicles listed in attached Table 1(2) are owned solely by the Defendant, and the claims listed in attached Table 1(3) are owned solely by the Defendant C. The said decision to recommend reconciliation became final and conclusive on August 23, 2019.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 3, Eul evidence 2 and 3, the purport of the whole pleadings]

2. The gist of the Plaintiff’s assertion was that the deceased gave property to the Defendants and D lack of legal reserve of inheritance. Thus, the Defendants are obliged to return legal reserve of inheritance infringed upon by the Plaintiff.

3. Determination

(a) The calculation method of shortage in legal reserve of inheritance shall be calculated by adding the value of the property owned by the decedent at the time of his/her death to the value of the property and deducting the value of all debts;

(Article 113(1) of the Civil Act. The method of calculating a shortage in specific legal reserve of inheritance is as follows:

o Shortage in the legal reserve of inheritance = [A] 】 the legal reserve of inheritance (B) - the legal reserve of inheritance of the person with the legal reserve of inheritance.

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