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(영문) 춘천지방법원 원주지원 2021.02.19 2020가단53189
유류분반환
Text

The defendant shall pay to the plaintiff A KRW 46,106,527 and KRW 21,865,514 among them, from June 24, 2020, and KRW 24,241,013 among them.

Reasons

1. Basic facts

A. The deceased D (hereinafter “the deceased”) married with the Defendant on August 6, 1997 and died on March 10, 2020 under the condition that he had a child to hear the Plaintiff.

Won, the defendant's legal portion is 2/7, 3/7, respectively.

B. At the time of the commencement of inheritance, active property of the Deceased is KRW 12,965,778 in total with automobile and financial account deposits, and small property is KRW 107,300 in total with respect to E Co., Ltd.

[Grounds for Recognition] Facts without dispute, Gap 1, 2, and 4 (including branch numbers if there are branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The occurrence and scope of duty to return the legal reserve of inheritance;

(a) Shortage in the calculation method of shortage in oil = [the amount of property which forms the basis for calculating the legal reserve of inheritance 】 (A) 】 the amount of special profit of the person having the right to divide the oil concerned 】 (C) - the amount of net inheritance of the person having the right to divide the oil concerned - A = the amount of inherited property (including testamentary gift) - B = the amount of inherited property 1/23 = the amount of the property increased by the number of lineal ascendants and descendants of the inheritee, and the spouse 1/23 = the amount of property acquired by the person having the right to divide the oil - the amount of property acquired by the person having the right to divide the oil - the amount of inherited property shares

B. (A) The relevant legal principle oil portion is calculated on the basis of the amount of property (A) which serves as the basis for calculating legal reserve of inheritance (348,462,648 won) by adding the value of donated property to the value of the property at the time of the commencement of inheritance by the person in question and deducting the inherited debt. If a joint heir has made special profits from the donation of the property from the inheritee by the donation of the property before the commencement of inheritance, the donation shall be excluded from the application of Article 11114 of the Civil Act, and shall be included in the basic property for calculating legal reserve of inheritance regardless of whether the inheritance commenced one year prior to the commencement of inheritance, and whether both parties have known that the damage would be caused by the division of oil (see Supreme Court Decision 95Da17885, Feb. 9, 1996).

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