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(영문) 부산고등법원 2015.04.09 2013나7110
동업자지위확인 등
Text

1.The judgment of the first instance, including any further claims in the trial, shall be modified as follows:

The defendant is against the plaintiff.

Reasons

1. The reasons why the court should explain this part of the basic facts are the same as the reasons stated in Paragraph 1 of Article 420 of the Civil Procedure Act.

2. Judgment on the claim for restitution of legal reserve of inheritance

(a) The amount of shortage in legal reserve of inheritance shall be calculated by adding the value of the donated property to the whole value of the property held by the decedent at the time of the commencement of the inheritance, and then deducting the total amount of the debts borne by the decedent at the time of the commencement of the inheritance, which forms the basis

In the case there are many persons with the right to the legal reserve of inheritance, the proportion of the legal reserve of inheritance should be multiplied by the ratio of the legal reserve of inheritance under the Civil Code Article 1112, and the amount should be deducted when the person with the right to the legal reserve of inheritance receives the special benefit property.

Finally, the amount of infringement of the legal reserve of inheritance is calculated by deducting the amount of property acquired by inheritance from the amount of the legal reserve of inheritance, if there is an inheritance obligation to be borne by the person with the right to the legal reserve of inheritance.

If this is indicated in the calculation formula, it shall be as follows:

Shortage in the legal reserve = [A] 】 The ratio of the legal reserve of inheritance to the person entitled to the legal reserve of inheritance (B) - The amount of special profits (C) - A/D of the person entitled to the legal reserve of inheritance of inheritance of the person entitled to the legal reserve of inheritance of the person entitled to the legal reserve of inheritance of the person entitled to the legal reserve of inheritance of the person entitled to the legal reserve of inheritance of the person entitled to the legal reserve of inheritance of the person entitled to the legal reserve of inheritance of 1/23 = the amount of the legal reserve of inheritance of the person entitled to the legal reserve of inheritance of the

B. The affirmative inherited property at the time of the death of the deceased, which is the basis for calculating the legal reserve of inheritance (A) shall be as follows 1. E.

The phrase "property details" as stated in the table of this subsection is identical inasmuch as each claim and real estate, such as the description, are the same as mentioned above.

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