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(영문) 대전지방법원 2017.11.30 2016가합107121
유류분반환청구의 소
Text

1. The Defendant: (a) KRW 24,764,371, respectively, and KRW 5% per annum from September 28, 2017 to November 30, 2017, respectively, to the Plaintiffs.

Reasons

The Plaintiffs and the Defendant are children of the network H (hereinafter referred to as “the network”).

On May 3, 2016, the deceased died. At the time of the death, the deceased’s wife, as his heir, J, the Plaintiffs and the Defendant, who are the wife of the deceased.

[Based on the premise that there is no dispute, Gap evidence Nos. 1 and 2 (which includes the number of branch numbers; hereinafter the same shall apply) and plaintiff's assertion that "the deceased has donated real estate and cash to the defendant before his/her birth. As a result, since the deceased's heir was infringed on the legal reserve of inheritance, the defendant shall pay to the plaintiffs the amount equivalent to the claim's deficient legal reserve of inheritance." Article 1113 (1) of the Civil Code provides that "The legal reserve of inheritance shall be calculated by adding the value of donated property to the value of property at the time of commencement of inheritance of the deceased and deducting the total amount of debts." The specific method of calculation is as follows.

Shortage in the legal reserve = [A] 】 The amount of the property that forms the basis for calculating the legal reserve 】 (B) - The amount of the special benefit of the person entitled to the legal reserve of inheritance (C) - The amount of the pertinent legal reserve of inheritance + the amount of the active inherited property + the amount of the inheritance + 1/23 = the increased amount of the inheritance of the inheritee / the lineal descendant of the inheritee / the amount of the inheritance of the person entitled to the legal reserve of inheritance + the amount of the property acquired by the inheritance of the person entitled to the legal reserve of inheritance / the amount of the property acquired by the person entitled to the legal reserve of inheritance / the amount of the inheritance of the person entitled to the legal reserve of inheritance ? The shortage in the legal reserve of the Plaintiffs after

The provisions of Article 1114 of the Civil Act shall apply to the co-inheritors who received special benefits from the pre-sale donation of property from an ancestor among the legal principles related to judgment on the amount of property(A) which is the basis of calculating the legal reserve of inheritance.

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