유류분반환
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The successors of basic facts C (Death February 27, 2009) are as listed in the following table 1:
On August 26, 2015, Defendant E’s children deceased on August 24, 2005, the Plaintiff, Defendant I, I, M’s heir F, H, G, H, H, L, and M, who died on May 9, 1996, and died on August 26, 2015. The Plaintiff, Defendant I, M, M’s heir F, G, H, K, L, and M, who were co-inheritors.
The type of property that the deceased C donated to the defendant and the value at the time of commencement of the inheritance are as listed in the following Table 2, there is no positive inherited property and inheritance obligation at the time of the deceased C death, and there is no separate inheritance obligation at the time of the deceased D's death.
On February 27, 2009, on June 5, 2007, the Plaintiff filed a lawsuit with the Seoul Central District Court 2009Gahap1450277, asserting that on December 23, 2009, the Defendant and I had the right to claim the return of forced inheritance on the deceased’s inherited property, the Plaintiff filed a lawsuit against the Defendant and I seeking the return of forced inheritance on June 23, 2009, by asserting that the Plaintiff had the right to claim the return of forced inheritance on the deceased’s inherited property on December 23, 2009, as shown in the attached list (hereinafter “instant real property”).
On October 27, 2010, the above court sentenced the Defendant to pay KRW 23,712,620 as well as damages for delay, if the Plaintiff’s forced inheritance had been infringed upon due to his gift to the Defendant by the deceased C, and the Plaintiff appealed against this judgment, and the above appellate court (Seoul High Court 2010Na11652) concluded mediation that the Defendant would pay KRW 58,00,000 to the Plaintiff.
[Basic Facts] Facts without dispute, significant facts in this court, Gap evidence Nos. 1, 2, 4, 7 through 10, Eul evidence Nos. 1 and 6 (including branch numbers if there are branch numbers), and the purport of the whole pleadings
2. The parties' assertion and judgment
A. The plaintiff's assertion that the defendant received property from the deceased C in excess of his/her legal reserve of inheritance and received the net D's legal reserve of inheritance.