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(영문) 서울서부지방법원 2018.10.25 2017나39515
유류분반환
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning for this part of the judgment of the court of first instance is the same as the reasoning of the judgment.

The term “salkin in the direct post” referred to in paragraph (1) as “salkant and descendant”, “Plaintiff (Namnam)” as “Defendant (Defendant”)”, and “Defendant (Defendant)” as “Plaintiffs”, and No. 1-B.

each donation of this case “(hereinafter referred to as “the donation of this case”)

(1) “After the death of April 7, 1998, the Defendant deleted “(the Defendant, 250,000,000 won, hereinafter referred to as “the Defendant”)” and asserts that the amount received through the agreement on the division of inherited property with coinheritors, including the Deceased, was not the money received from the Deceased, but not the money received from the Deceased. However, insofar as the Defendant did not provide any explanation on the process and reason for receiving inherited property only after about 14 years after I died, it is reasonable to deem that KRW 250,00,000 was the money received from the Deceased)” as stated in the judgment of the first instance, except for addition, since it is identical to the corresponding part of the judgment of the court of first instance, it is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Existence and scope of the claim for restitution of legal reserve of inheritance;

A. The Plaintiff is co-inheritors who are the lineal descendants of the deceased, and thus, pursuant to Article 1115(1) of the Civil Act, the Plaintiff is entitled to claim the return of the property to the Defendant to the extent that there is a shortage in the legal reserve due to the donation made by the deceased to the Defendant.

(b) Shortage in the legal reserve of inheritance may be calculated through the following formula:

Shortage in legal reserve = [A] x (B) of the person holding the right to legal reserve 】 Special benefit (C) of the person holding the right to legal reserve / The amount of the right to legal reserve / The amount of the right to legal reserve / The amount of the right to legal reserve / The amount of the right to legal reserve / A = the amount of the right to legal reserve / The amount of the right to legal reserve / the amount of the inheritance / the amount of the right to legal reserve / the amount of the property acquired by the person holding the right to legal reserve / the amount of the right to legal reserve / the amount of the property acquired by the inheritance /

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