(영문) 인천지방법원 2014.12.24 2013나8878 | 리걸엔진

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크기(pt)

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줄 간격

자간(%)

(영문) 인천지방법원 2014.12.24 2013나8878

유류분반환

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

(b).

Reasons

1. The reasons for the court's explanation concerning this case are as follows: "130,00,000 won" among the judgment of the court of first instance No. 4, 300,000 won, "50,000 won" among the judgment of the court of first instance No. 3; "50,000,000 won" among the judgment of the court of first instance No. 6 shall be "5,000,000 won"; "the defendant" of No. 7, No. 15; "the defendant" of No. 8, No. 9 in the No. 8, and No. 9 in the No. 9 shall be "amount of legal reserve of inheritance"; "the original half of the No. 9" in the No. 3, No. 15,16 shall be added to "the calculation method of the shortage in legal reserve of inheritance"; "the calculation method of basic property" of No. 11, Dec. 5, 2012>

2. The amount of statutory reserve of inheritance of a person entitled to statutory reserve of inheritance shall be calculated by multiplying the total value of the property which the decedent had at the time of the commencement of the inheritance by the proportion of the statutory reserve of inheritance prescribed in Article 1112 of the Civil Act, after deducting the total amount of the property which the decedent had contributed at the time of the commencement of the inheritance, and after deducting the total amount of the property which

The amount of infringement of the legal reserve of inheritance shall be calculated by deducting the amount when the person with the legal reserve of inheritance obtains special profits from the amount of the calculated legal reserve of inheritance. If the person with the legal reserve of inheritance has any property acquired by inheritance, the amount shall be deducted, and if the person with the legal reserve of inheritance has any obligation to pay, the amount shall be added

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

The amount of violation of legal reserve of inheritance = [A] 】 the ratio of legal reserve of inheritance of the person with the right to legal reserve of inheritance (B) - the special benefit amount of the person with the right to legal reserve of inheritance (C) - the person with the right to legal reserve of inheritance.

참조조문

-민법 제1112조

-민사소송법 제420조

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