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(영문) 서울북부지방법원 2019.01.17 2016가합25434
유류분반환청구 등
Text

1. As to each of the plaintiffs' KRW 84,877,477 and KRW 80,00,000 among the plaintiffs, the defendant shall start on October 28, 2016, and the remainder of KRW 4,87.

Reasons

Basic Facts

Plaintiffs A, D, and Defendant C are children between E and F.

D was the joint Plaintiff in this case, and withdrawn the lawsuit.

E On February 1, 1990, F died on June 2, 2015, and is co-inheritors of the Plaintiffs, Defendant C and D (hereinafter “the deceased”).

On the other hand, G, H, I, and J are registered as the deceased's children on the family relations register, but they are not the children of the deceased as a dual-class relationship with the original and the defendant.

At the time of death, the deceased did not have any particular positive or negative property at the time of death.

【In the absence of dispute, the plaintiffs' claims for recovery of inheritance, based on which Gap's positive inherited property and reference heir's existence were transferred, are not accepted without further review. The plaintiffs' claims for recovery of inheritance, based on positive inherited property and reference heir's existence, are examined as follows: Gap's evidence Nos. 1 through 18 (including main numbers; hereinafter the same shall apply), Eul's evidence Nos. 1 through 6, and the fact-finding with the Minister of Court Administration's fact-finding with respect to the claim for recovery of inheritance.

As the plaintiffs and D are co-inheritorss of the deceased's claim for the return of legal reserve of inheritance, in a case where there is a shortage in their legal reserve of inheritance due to the donation or testamentary gift made by the deceased to the defendant who is another co-inheritors, the other co-inheritors and the witness may claim the return of the property to the extent of the shortage.

Shortage in the method of calculating shortage in the legal reserve of inheritance = [A] 】 Special benefit amount of the person holding the right to the legal reserve of inheritance (C) - The net benefit amount of the person holding the right to the legal reserve of inheritance (D) ? The amount of positive inherited property + the amount of inherited property ? B/C for lineal descendants and spouse of the inheritee, 1/2 of the legal reserve of inheritance = the amount of increase in the amount of inheritance of the person holding the right to the legal reserve of inheritance + the amount of inheritance of the person holding the right to the legal reserve of inheritance of the inheritee ?

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