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(영문) 서울남부지방법원 2017.01.18 2015가단221631
유류분 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

The deceased E (hereinafter referred to as “the deceased”) died on December 24, 2014.

As inheritor, there are Plaintiffs and Defendant, who are children.

(1/4 of the shares in inheritance) In the instant case where the plaintiffs seek the return of legal reserve of inheritance against the defendant who is a punishment (specific cause of claim is as shown in the attached Form), the shortage in legal reserve of inheritance claimed by the plaintiffs shall be calculated in accordance with the following formula:

Shortage in legal reserve of inheritance = [A] The amount of property which forms the basis for calculation of legal reserve of inheritance 】 the ratio of the person entitled to legal reserve of inheritance (B) - the amount of special profit from the person entitled to legal reserve of inheritance (C) - The amount of inheritance debts ? B = the amount of inheritance debts 1/23 = the amount of property acquired by inheritance of the person entitled to legal reserve of inheritance - the amount of inheritance debts - the amount of property acquired by inheritance of the person entitled to legal reserve of inheritance - the amount of inheritance debts - where there is a person who received a gift or testamentary gift from the deceased among co-inheritors, the amount of inheritance debts - the amount of inheritance debts - the amount of inheritance debts ? Where there is a person who received a gift or testamentary gift from the deceased among co-inheritors does not reach his/her legal reserve of inheritance, regardless of whether there is a special beneficiary who received donation or testamentary gift from the deceased among co-inheritors, the provisions of Article 1008 of the Civil Act are applied to the calculation of inheritance of inheritance among co-inheritors 14 years.

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