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(영문) 대법원 2015.10.29 2013다60753
유류분반환
Text

All appeals are dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the ground of appeal on the defense of entitlement to a contributory portion

A. Article 108-2(1) of the Civil Act provides, “If there is a person among co-inheritors who specially supported an inheritee for a considerable period of time by living together, nursing, or by any other means, or specially contributed to the maintenance or increase of the inheritee’s property, the amount calculated by deducting such person’s contributory portion as determined by an agreement among co-inheritors from the value of the inheritee’s property at the time of the commencement of the inheritance shall be considered as inherited property, and shall be the inherited property by adding the contributory portion to the inherited portion calculated pursuant to Articles 1009 and 10.” Article 108-2(2) provides, “If an agreement under paragraph (1) is not reached or is impossible, the Family Court shall determine the contributory portion by taking into account the time, method and degree of contribution, the amount of inherited property, and other circumstances at the request of the contributor as provided in paragraph (1).” Article 1008-2(3) provides, “The claim pursuant to paragraph (4) provides that “if there is a claim for division of inherited property or a claim for the equivalent amount of inheritance.

On the other hand, with respect to legal reserve of inheritance, Article 1112 of the Civil Act provides that the legal reserve of inheritance of an heir is 1/2 of the inheritance by law in cases of lineal descendants or spouse of the inheritee, and 1/3 of the inheritance by law in cases of lineal ascendants or siblings of the inheritee. Article 1113(1) of the Civil Act provides that "the legal reserve of inheritance shall be calculated by adding the value of the property at the time of the commencement of inheritance of the inheritee to the value of the property at the time of the commencement of inheritance of the inheritee

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