유류분반환
1. The plaintiff's claim against the defendant B is dismissed.
2. Defendant C: (a) KRW 115,695,072 to the Plaintiff and its related expenses on August 2015.
1. Basic facts
A. The Plaintiff related to the parties is the spouse of the deceased D (hereinafter “the deceased”), and the Defendant C is the deceased’s father.
Defendant B purchased land and buildings specified in attached Table 2 List 1 from Defendant C on August 12, 2014 and completed each registration of ownership transfer.
B. The Deceased’s inheritance relationship died on July 30, 2014, and the heir was the Plaintiff, the Defendant C, and Nonparty E, F, G, H, and I, who were the remaining children.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. Summary of the plaintiff's assertion
A. Defendant C and Nonparty G received donations before the deceased’s birth and received special benefits.
The plaintiff's shortage in legal reserve of inheritance occurred in 371,604,066 won.
B. Defendant B, despite being aware that he would prejudice the Plaintiff, who is the right holder of legal reserve of inheritance, purchased the land and buildings specified in attached Table 2 Section 1 from Defendant C.
Therefore, Defendant B is obligated to transfer to the Plaintiff the share equivalent to the Plaintiff’s shortage in legal reserve of inheritance among the above land and buildings.
(hereinafter referred to as “instant primary claim”) against Defendant B.
Even if the primary claim of this case is dismissed, Defendant C, a special beneficiary, is liable to pay to the Plaintiff the amount of money claimed in the purport of the claim and damages for delay, which is short of legal reserve of inheritance, by means of return
(2) Each of the instant claims is based on the premise that the Plaintiff may seek a payment of shortage in legal reserve of inheritance against Defendant C, in the order of the judgment on March 3, 2004.
Therefore, the following should first examine the Plaintiff’s shortage of legal reserve of inheritance, and then examine the legitimacy of each of the claims in this case.
4. Calculation of shortage in legal reserve of inheritance;
A. Shortage in the calculation method of shortage in legal reserve of inheritance = [the amount of property that forms the basis for the calculation of legal reserve of inheritance (A.