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(영문) 청주지방법원 2018.10.18 2016가단115364
유류분반환청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The deceased C (hereinafter “the deceased”) died on October 26, 2016, and the Plaintiff (mambnam), D, the Defendant (mamb), E, E, and F, inherited the deceased.

B. At the time of death, the Deceased had each real estate listed in the separate sheet and each real estate of 783m2 in Seo-gu, Seowon-gu, Seowon-gu.

C. On November 18, 2016, the Defendant completed the registration of ownership transfer based on a testamentary gift dated 26, 2016 with respect to each real estate listed in the separate sheet.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 3 evidence (including all of the paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The Plaintiff’s assertion and related legal principles

A. Inasmuch as the Defendant’s summary of the Plaintiff’s assertion not only received real estate, etc. from the deceased’s deceased’s death before the deceased’s death, but also received the legacy of each real estate listed in the separate sheet due to the death of the deceased, and there was a shortage in the Plaintiffs’ legal reserve of inheritance, as stated in the purport of the claim, the Defendant sought against

B. The calculation method of shortage in the legal reserve of inheritance is as follows. In the case where there are persons among co-inheritors who make special profits from the inheritance of property from the inheritee by the pre-sale donation, the application of Article 1114 of the Civil Act is excluded, and such donation is included in basic property for calculation of legal reserve of inheritance regardless of whether it was before the commencement of inheritance one year, and whether both parties knew that damage would be inflicted on the legal reserve of inheritance, and the value of the gift, which is the basis for calculation of legal reserve of inheritance, shall be calculated at the time of the commencement of inheritance of the decedent’s death (see, e.g., Supreme Court Decision 95Da17885, Feb. 9, 196). Shortage = [A] [the amount of property forming the basis for calculation of legal reserve of inheritance x B] - The amount of special profits of the person with the right to legal reserve of inheritance of the pertinent legal reserve of inheritance ? The amount of net inheritance of the person with the right to legal reserve of inheritance of B = the amount of inheritance.

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