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(영문) 서울중앙지방법원 2015.04.30 2013가단5145169

유류분반환

Text

1. As to the Plaintiff’s share of 4,833,32/147,00,000 among the real estate listed in attached Table 3, the Defendant dated December 30, 2013.

Reasons

1. Facts of recognition;

A. The deceased C (hereinafter “the deceased”) died on September 27, 2013, and as the inheritor of the deceased, D, the Plaintiff, and E are children, and the Defendant is the grandchildren of the deceased and children of E.

B. The Deceased, prior to his birth, donated the real estate owned by him to the Defendant as indicated below, and the Defendant assumed the obligation to return the lease deposit under the lease agreement on each real estate.

Lease deposit for the object of donation on April 17, 2012, real estate listed in Attached Form 1 (hereinafter referred to as “101”) 10,000,000 won on April 17, 2012 (hereinafter referred to as “202”) 10,000,000 won on April 17, 2012, and KRW 201 (hereinafter referred to as “201”) on June 14, 2012, among multi-family housing on the fourth-class and fourth-class parcels of land, the Jongno-gu Seoul Metropolitan Government Non-Party F, and KRW 201,00,000 on May 27, 2013 (hereinafter referred to as “301”) on real estate listed in Attached Form 3 (hereinafter referred to as “301”).

C. At the time of death, the Deceased is active property at the time of death, and 401 et al. of the Seoul Jongno-gu collective housing of 401 et al. on the 4th floor above the Seoul Jongno-gu.

(D) The market price of each of the above real estate at the time of the deceased’s death was KRW 84,00,000,000,00 for the repayment of the lease deposit under the lease contract No. 401, and there was no other property or debt. D. The market price of each of the above real estate at the time of the deceased’s death was KRW 84,00,000, KRW 201, KRW 200, KRW 287,000,000, KRW 301, KRW 287,000,000, KRW 401, KRW 258,000,00. 【No 1,2,3,4-1, 4-2, 4-4, 4-3, 4-4, 5, 7-1, 7-2, 7-3, 7-7, and 7-3, and 401, KRW 4,000. 【No dispute grounds for recognition.

2. Judgment on the claim for restitution of legal reserve of inheritance

A. If there is a shortage of legal reserve of inheritance due to the donation made by the deceased against the defendant as the inheritor of the deceased, the plaintiff may claim the defendant to return the shortage to the extent that the shortage occurs.

In this regard, the defendant's act of disposal of properties before the inheritee such as legacy is denied by the legal reserve of inheritance is against the will of the inheritee, so the legal reserve of inheritance is unconstitutional.