logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2014.10.14 2013가합8362
유류분
Text

1. The defendant shall pay to the plaintiff A KRW 533,509,928 and KRW 100,000 among them, from May 11, 2013, and KRW 433,509,928.

Reasons

1. Facts of recognition;

A. D (hereinafter “the deceased”) died on February 16, 2013, and the Plaintiffs and the Defendant jointly inherited the deceased’s property.

B. The Deceased donated each real estate to the Defendant and the Plaintiffs, as indicated in the column of “the indication of each real estate” in the separate sheet Nos. 1 through 44, which he/she owned.

C. At the time of the deceased’s death, there was no particular claim or obligation other than the claim for recovery of deposit money of KRW 14,131,408 deposited by the Incheon District Court No. 9219, as inherited property.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2-2, and 3-1, 2, Gap evidence 4-1 through 3, Gap evidence 5-1 through 37, Gap evidence 10, Eul evidence 1-2, 3, and 6, the purport of the whole pleadings

2. Determination

A. According to the above recognition of the right to claim the return of legal reserve of inheritance, when there is a shortage of legal reserve of inheritance due to the deceased's donation to the defendant who is a co-inheritors as co-inheritors, the plaintiffs can seek the return of legal reserve of inheritance against the defendant to the extent of the shortage

(b) Shortage in the calculation method of shortage in the legal reserve = The amount of the legal reserve (A) x the amount of the property that forms the basis for the calculation of the legal reserve of inheritance x the ratio of the person with the right to the legal reserve of inheritance (B) - the amount of the special profit (C) - The amount of the right to the legal reserve of inheritance x A = the amount of active inherited property + the amount of the inheritance ? B/the amount of the inheritance obligation - 1/23 = the amount of the property acquired by the person with the right to the legal reserve of inheritance - the amount of the property acquired by the person with the right to the legal reserve of inheritance - the amount of the inheritance obligation

C. 1) The Plaintiffs’ shortage in legal reserve of inheritance is calculated. (A) The property included in the underlying property of calculating legal reserve of inheritance (14,131,408B). (1) The property included in the underlying property of calculating legal reserve of inheritance of inheritance of 14,131,408 won is transferred from the inheritee among co-inheritorss.

arrow