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(영문) 인천지방법원 2020.02.05 2018가단265347
유류분반환 청구의 소
Text

1. As to the Plaintiff A and C’s respective amounts of KRW 20,000,00 and each of the said amounts, the Defendant shall pay to the Plaintiff A and C each year from December 21, 2018 to February 5, 2020.

Reasons

1. Basic facts

A. E (hereinafter “the deceased”) died on April 24, 2018, and the deceased’s heir is the Plaintiffs and the Defendant, who are their children.

B. On April 11, 2017, the Deceased donated to the Defendant the real estate indicated in the attached list (hereinafter “instant real estate”) (hereinafter “the donations before birth”) (hereinafter “the instant real estate”). On April 12, 2017, the Deceased completed the registration of ownership transfer on the instant real estate to the Defendant.

[Ground of recognition] The fact that there is no dispute, Gap's evidence Nos. 1 through 4, Eul's evidence No. 2, the purport of the whole pleadings

2. The calculation method of shortage in legal reserve of inheritance shall be as follows:

Shortage in the legal reserve = [A] (the basic amount of property calculated as the legal reserve 】 the ratio of the person entitled to the legal reserve 】 the special profit (C) - the amount of the person entitled to the legal reserve - the amount of the net inheritance (D) of the person entitled to the legal reserve - the amount of the inherited property - B = the amount of the inherited property 1/23 = the amount of the property acquired by the person entitled to the legal reserve - the amount of the property acquired by the person entitled to the legal reserve - the amount of the inherited property - the amount of the property

A. According to the relevant legal principles, the donations included in the underlying property in the calculation of legal reserve of inheritance pursuant to Article 11114 of the Civil Act, in principle, are included in donations made for one year prior to the commencement of the inheritance. However, if both parties knowingly known that such donations would inflict damage on the right holder of legal reserve of inheritance, the donations made for one year prior to the commencement of the inheritance shall also be included. However, in cases where there is a co-inheritors who made a special benefit due to a pre-living donation made by the inheritee, the provisions of Article 1114 of the Civil Act shall be excluded. Accordingly, in cases of a donation made by co-inheritors, the entire donated property shall be included in basic property for the calculation of legal reserve of inheritance, regardless of whether it was made for one year prior to the commencement of the inheritance or whether both parties knew that it would inflict damage on the right holder of legal reserve of inheritance

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