(영문) 서울고등법원 2018.11.23 2018나2026855

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(영문) 서울고등법원 2018.11.23 2018나2026855

유류분반환

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1. The part against the plaintiff in the judgment of the court of first instance, including a claim modified in the trial, shall be modified as follows:

Reasons

1. Basic facts

A. D (hereinafter “the deceased”) died on October 17, 2015. At that time, E was married as the deceased’s spouse on May 24, 1961, and the Plaintiff, Defendant, F, B, G, and H had a lineal descendant who is the deceased’s child.

B. Meanwhile, the Defendant married with I on November 25, 1987.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 5, Gap evidence 2-1 and 2

2. The gist of the Plaintiff’s assertion lies in shortage of the Plaintiff’s legal reserve of inheritance by receiving a testamentary gift from the deceased, and thus, the Defendant sought a return of the said real estate to the extent of shortage of the Plaintiff’s legal reserve of inheritance, as stated in the claim

3. Return of legal reserve of inheritance:

A. Shortage in the calculation method of shortage in the Plaintiff’s legal reserve of inheritance is calculated based on the following accounting formula. Shortage in the legal reserve of inheritance = [A] 】 Special benefit (C) of the person entitled to the legal reserve of inheritance 】 Amount of positive inheritance £« 1/23 of the amount of inheritance ? The amount of inheritance ? The amount of inheritance ? the amount of inheritance ? the amount of inheritance ? the amount of inheritance ? the amount of inheritance ? the amount of inheritance ? the amount of inheritance ? the amount of inheritance ? the amount of inheritance ? the amount of inheritance ? the amount of property ? the amount of inheritance ? the amount of inheritance ? the amount of inheritance ? the amount of inheritance ? the amount of property ? the amount of inheritance ? the amount of inheritance ? the amount of inheritance ? the amount of inheritance 2) calculated by the person entitled to the legal reserve of inheritance 1) ? the amount of positive inheritance ? the amount of property 15,000 won was not disputed between the parties, and the entire list 15, 17,10.15.

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