(영문) 서울북부지방법원 2019.09.26 2017가합26380

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(영문) 서울북부지방법원 2019.09.26 2017가합26380

유류분반환

Text

1. As to the Plaintiff KRW 80,919,123 and KRW 26,68,90 among them, the Defendant shall start on December 30, 2016 and end on December 54, 230.

Reasons

1. Basic facts

A. The Plaintiff, the Defendant, C, D, and E are children between the network F (hereinafter “the decedent”) and the network G.

B. The decedent died on March 11, 2016, and the deceased on April 29, 2016.

C. There is no positive and negative property at the time of the death of the inheritee.

[Reasons for Recognition] Unsatisfy, Entry of Gap evidence 1 (including provisional number), the purport of whole pleadings

2. The gist of the Plaintiff’s assertion was that the Defendant donated property from the decedent in excess of his/her legal reserve of inheritance, and infringed the Plaintiff and the deceased G’s legal reserve of inheritance, and the Plaintiff inherited 1/5 shares of the deceased G’s legal reserve of inheritance.

Therefore, the defendant is obligated to pay to the plaintiff 22,129,940 won as the return of the above legal reserve of inheritance and damages for delay.

3. Determination

A. 1) Shortage in the calculation method of the legal reserve = [1] deficient in the calculation method of the legal reserve of inheritance = [the amount of property forming the basis for the calculation of the legal reserve of inheritance x (A) x the ratio of the person entitled to the legal reserve of inheritance x the special profit (C) - The amount of the person entitled to the legal reserve of inheritance x the amount of positive inherited property x 1/23 of the amount of inheritance x the amount of inheritance x the amount of inheritance x the amount of inheritance x the amount of inheritance x the amount of inheritance x the amount of inheritance x the amount of inheritance d = the amount of inheritance - the amount of the property acquired by the person entitled to the legal reserve of inheritance - the amount of inheritance obligation share - the amount of the property acquired by the person entitled to the legal reserve of inheritance - the total amount of the debts are deducted (Article 1113(1) of the Civil Act). The detailed calculation method is as set forth in the following table).

In addition, according to the result of the appraisal commission for appraiser H, the market price at the time of inheritance of the real estate shall be as follows:

참조조문

-민법 제1113조 제1항

유사 판례

-서울고등법원 2016.12.01 2012나94768

-서울고등법원 2018.05.30 2017나2001002

-수원지방법원평택지원 2017.10.31 2016가단47428

-서울고등법원 2017.04.21 2016나2057121

-서울서부지방법원 2017.01.26 2014가합33147