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(영문) 수원지방법원 2016.08.11 2015가단147070
유류분반환
Text

1. The defendant,

A. On February 4, 2016, Plaintiff A and C: KRW 11,625,922 for each of them; KRW 8,127,678 for Plaintiff D and each of the said money.

Reasons

Basic Facts

The plaintiffs are born between F and G (Death of February 1, 2002).

F and the defendant completed the marriage report on February 14, 2008.

The F died on December 16, 2015.

(hereinafter referred to as “the deceased”). [Grounds for recognition] There is no dispute, and the summary of the plaintiffs’ assertion as to the plaintiffs’ claim for legal reserve of inheritance as stated in Gap evidence Nos. 1 through 3, the defendant received a total of KRW 315 million from the deceased, and the total amount of which constitutes special profits.

The defendant is obligated to return legal reserve of inheritance of KRW 28,636,363 to each of the plaintiffs (= KRW 315,000 x KRW 1/11, but less than KRW).

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

Shortage in the legal reserve = [A] The ratio of the person with the right to the legal reserve to the legal reserve (B) - The amount of special profit (C) - The amount of the right to the legal reserve to the legal reserve to the legal reserve to the legal reserve to the legal reserve to the extent that A = the amount of positive inherited property donations - B = the amount of the property acquired by inheritance of the person with the right to the legal reserve to the legal reserve to the extent that 1/2C = the amount of the property acquired by inheritance of the person with the right to the legal reserve to the legal reserve to the extent that : 51,415,144 won (A) is the amount of the property, which is the basis for the calculation of the amount of the legal reserve to the legal reserve to the extent that 51,415,144 won (89,650,144 won donations of the active inherited property - 38,235,00 won (the amount of the legal reserve to the legal reserve to the extent that she

Positive inherited property: The fact that there is no active inherited property of the deceased of 0 won does not conflict between the parties.

Gift amount: 89,650,144 won (i.e., the Plaintiffs 19,650,144 won). Article 1008 of the Civil Act, which applies mutatis mutandis pursuant to Article 1118 of the Civil Act, provides, “Where there is a person among co-inheritors who received a gift or testamentary gift from the inheritee and there is a person who received the gift or testamentary gift from the inheritee, if the gift or testamentary gift does not reach his/her share of inheritance, there is a share of inheritance to the extent

This is among co-inheritors.

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