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(영문) 의정부지방법원 2018.04.26 2016가합50730
유류분반환청구의 소
Text

1. The defendant (Counterclaim plaintiff) shall dismiss the counterclaim;

2. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is each 18,039.

Reasons

1. Basic facts

A. The network F (hereinafter “the network”) had six sheets between the Plaintiffs, the Defendant, and the network H.6.

B. The Deceased died on February 16, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Since the Plaintiffs’ contribution of each real estate listed in the separate sheet to the Defendant before the death of the Deceased, which caused the Plaintiffs’ claim, was in violation of the Plaintiffs’ legal reserve of inheritance, the Plaintiffs seek the return of the legal reserve of inheritance infringed upon against the Defendant.

3. Determination as to the claim on the principal lawsuit

(a) The calculation method of shortage in legal reserve of inheritance shall be calculated by adding the value of the donated property at the time of the commencement of the inheritance by deducting the total amount of debts; and

(Article 113(1) of the Civil Act. The detailed method of calculation shall be as follows:

Shortage in the legal reserve = [A] 】 The amount of property that forms the basis for calculating the legal reserve 】 the ratio of the person entitled to the legal reserve of inheritance (B) - The amount of special earnings (C) - The amount of net inheritance (D) of the person entitled to the legal reserve of inheritance ? The amount of positive inherited property - B = the amount of inheritance debts / the amount of inheritance debts / the amount of inheritance debts / the amount of inheritance debts / the amount of inheritance debts / the amount of property acquired by the person entitled to the legal reserve of inheritance - the amount of inheritance debts / the amount of

B. According to Article 1114 of the Civil Act, the basic amount of property (A) in calculating the legal reserve of inheritance is generally limited to the donation to be included in the basic property in calculating the legal reserve of inheritance for one year prior to the commencement of the inheritance. However, when both parties knew that damage would be inflicted on the right holder of the legal reserve of inheritance, the donation made one year prior to the commencement of the inheritance is also included.

However, Article 108 of the Civil Act, which is applicable mutatis mutandis by Article 1118 of the Civil Act, provides, however, that in case where there is a person among co-inheritors who received a gift or testamentary gift of the property from the inheritee, if the gift-taking property does not reach his/

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