유류분반환청구
1. The Defendant: (a) KRW 29,417,066, respectively, and KRW 5% per annum from April 10, 2015 to July 13, 2018, respectively, to the Plaintiffs.
1. Facts of recognition;
A. The parties’ relationship D (hereinafter “the deceased”) died on April 5, 2014, and the Plaintiffs and the Defendants, E, F, and G are co-inheritors of the deceased, and the statutory share of inheritance is the same as one-six, respectively.
B. The Deceased’s donation 1) on November 2006, the Deceased donated cash of KRW 100 million to the Defendant on or around July 2008, and KRW 140 million in cash on or around July 2008, respectively, and each real estate listed in attached Table 1 (hereinafter “instant land”).
On October 30, 2006, the registration of ownership transfer was completed in the future of the Defendant on November 21, 2006 on the ground of donation on October 30, 2006. 2) The Deceased donated KRW 100 million in cash to G around October 2006, and KRW 450 million in cash around December 2006, respectively, and the registration of ownership transfer was completed in the G on October 21, 2006 on each real estate listed in attached Table 2 (hereinafter “instant 2”) as the gift on October 30, 206.
3) On September 18, 2006, the Deceased donated each cash of KRW 130 million to the Plaintiffs, E, and F. C. There was no active property and small property at the time of the Deceased’s death. [Grounds for recognition] The facts that there was no dispute, Gap’s evidence Nos. 1 through 5 (each entry including serial numbers, each entry of this court’s order for the submission of financial transaction information to Hbank as of September 18, 2015, and the purport of the entire pleadings.
2. Determination on the cause of the claim
A. The gist of the plaintiffs' assertion infringed on the plaintiffs' legal reserve of inheritance, who were co-inheritors by receiving a donation of land and cash from the deceased.
Therefore, the defendant should refund to the plaintiffs each shortage in legal reserve of inheritance KRW 39,027,939 and delay damages.
(b) Shortage in the calculation method of statutory reserve of inheritance shall be calculated as follows:
Shortage in legal reserve of inheritance = [A] 】 The ratio of the legal reserve of inheritance to the person with the right to legal reserve of inheritance (B) - The amount of special profit (C) - A/ The amount of net inheritance of the person with the right to legal reserve of inheritance (D) - the amount of positive inheritance inheritance donation - B = the amount of inheritance obligation of the inheritee.