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(영문) 의정부지방법원 2019.05.16 2018가단112604
유류분 반환
Text

1. The Defendants are entitled to legal reserve of inheritance on April 26, 2018 with respect to 1/18 shares of each of the real estate listed in the separate sheet to the Plaintiffs.

Reasons

1. Basic facts

A. F (G) and H (I) had 1 South and North 5 women, J (Nam), K (ma), L (ma), M (3 women, Plaintiff A (4), Plaintiff A (N prior to life expectancy), and Plaintiff B (5) under the inside of the married couple.

Defendant E, by marriage with J on June 8, 1981, created Defendant C and Defendant D on the P date.

B. On January 10, 2008, from F on January 10, 2008, the registration of ownership transfer was completed on the ground of the gift made on December 31, 2007 by each of the Defendants from F on December 31, 2007.

(hereinafter “instant donation”).

C. H on December 5, 2007, and F on January 20, 2018, respectively, died, and on January 20, 2018, she died before the death of F. H under the status of her husband and her husband (her husband).

On the other hand, M transferred the right to claim the return of forced inheritance upon the death of F to Plaintiff B on April 12, 2018, and L to Plaintiff A on the same day.

【Unsatisfied Facts, Gap’s 1, 3, 5, and 8(including paper numbers)

2. Determination as to the cause of action

A. The shortage in the calculation method of the plaintiffs' legal reserve of inheritance is calculated by specifying the property that forms the basis for calculating legal reserve of inheritance at the time of the commencement of inheritance in the following ways:

Shortage in the legal reserve = [A] 】 The special profit (C) at the person entitled to the legal reserve of inheritance ? The net profit at the person entitled to the legal reserve of inheritance ? A = positive inherited property + the amount of inheritance ? 1/23 = the increased amount of inheritance at the person entitled to the legal reserve of inheritance / the lineal descendants and the spouse of the inheritee / the person entitled to the legal reserve of inheritance / the amount of inheritance - the amount of property acquired by the person entitled to the legal reserve of inheritance / the amount of inheritance - the amount of property acquired by the person entitled to the legal reserve of inheritance

B. 1) Legal reserve of inheritance is calculated based on the amount calculated by adding the value of the property at the time of the commencement of inheritance to the value of the property of the inheritee and deducting the inherited debt amount.

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