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(영문) 대구지방법원의성지원 2015.11.17 2014가합30
유류분반환
Text

1. The defendant's KRW 48,458,849 for each of the plaintiffs and 5% per annum from February 27, 2014 to November 17, 2015, respectively.

Reasons

1. On February 15, 2012, E of the underlying facts: (a) died with the Plaintiffs and the Defendant, the wife F and the Defendant; and (b) the F died on June 7, 2013, there is no dispute between the parties.

2. The calculation method of shortage in the legal reserve of inheritance shall be calculated by multiplying the legal reserve of inheritance by the ratio of the legal reserve of inheritance prescribed in Article 1112 of the Civil Act, and if the person having the right to the legal reserve of inheritance obtains special profits, the amount shall be deducted.

The amount of infringement of the legal reserve of inheritance shall be calculated by deducting the amount of property acquired by inheritance from the amount of the legal reserve of inheritance calculated as above, if the person with the right to the legal reserve of inheritance has an inheritance obligation to be borne by the claimant.

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

The amount in violation of the legal reserve = [A] 】 the amount of special profit (C) at the person having the right to the legal reserve of inheritance ? The amount of net share of inheritance at the person having the right to the legal reserve of inheritance ? The amount of positive inherited property + the amount of inheritance + 1/23 of the amount of inheritance at the person having the right to the legal reserve of inheritance + the amount of inheritance at the time of the spouse and lineal descendants of the inheritee / the amount of inheritance at the time of the person having the right to the legal reserve of inheritance + the amount of inheritance at the time of inheritance ? the amount of inheritance

3. Property (A) based on which legal reserve of inheritance is calculated;

A. Although there is no dispute between the parties to affirmative inherited property, or comprehensively taking account of the overall purport of the argument as a result of a request for appraisal of the market price of Gap evidence 14-1 and 2 and appraiser G, Eul owned the land of 2,104 square meters at the time of death, and 2,104 square meters at the time of death, and 393 square meters at the time of Gyeongbuk-gun in Gyeongbuk-gun in Gyeongbuk-gun in Gyeongbuk-gun in Gyeongbuk-gun in Gyeongbuk-gun in 15, 2012

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