유류분반환
1. Each of the plaintiffs A, C, and D:
(a) Of the real estate listed in Attachment 2, Defendant E shall hold 19,148,462/1,043,585,820 shares;
1. Basic facts H had 12 children, including the Plaintiffs, Defendant E, and G, who were married with I, and died on September 21, 2015.
Defendant F is the denial of Defendant E.
[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings
2. The Plaintiff’s assertion H donated the real estate itself or the disposal price for the real estate Nos. 1 through 6 to the Defendants, and eventually, there was a shortage in the Plaintiffs’ legal reserve of inheritance.
First, since the real estate No. 2 is subject to the original return, Defendant E and F are obligated to return the legal reserve of inheritance to each of the plaintiffs with regard to the 1/54 shares of 2 real estate, and the remaining real estate is subject to the return of the value, such as the establishment of a collateral security right. Thus, each of the plaintiffs is obliged to pay damages for delay for the amount of 46,157,673 won, Defendant G, KRW 12,732,430, and KRW 10,876,634 won, and KRW 10,876,634 to each of them.
3. Determination
A. Defendant E’s assertion on the special contribution of Defendant E asserts that the claim for the return of the legal reserve of inheritance against oneself is not allowed, since Defendant E has a special contribution to H, such as supporting H.
However, the contributory portion is characterized as a premise for the division of inherited property, and it is not related to the legal reserve that limits the freedom of disposal of the inheritee’s property in order to guarantee a certain portion of the inheritor’s share of inheritance. Therefore, in calculating the legal reserve of inheritance, the contributory portion cannot be deducted, and the claim for the return of legal reserve of inheritance
(see, e.g., Supreme Court Decision 2013Da60753, Oct. 29, 2015). This part of Defendant E’s assertion is without merit.
B. The calculation method of shortage in the legal reserve of inheritance does not reach the legal reserve of inheritance when there is a shortage in the legal reserve of inheritance due to the birth donation to other co-inheritors and third parties of the inheritee.