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(영문) 대구지방법원김천지원 2016.12.09 2016가합15283

유류분반환

Text

1. The Defendant’s KRW 113,076,923 as well as the Plaintiff’s annual rate from March 30, 2016 to December 9, 2016, and the following.

Reasons

1. Basic facts

A. The parties’ relevant C died on December 1, 2015, and there was three (D), the spouse of the heir, the Plaintiff, the Defendant, and the other three (3) persons.

B. C’s disposal of the pre-living property 1) On April 23, 2007, the Defendant is the Yongsan-gu Seoul Metropolitan Government E-156 square meters and its ground commercial building (hereinafter “instant commercial building”).

(2) On May 11, 2012, a sales contract was concluded to sell the instant commercial building in KRW 2.1 billion to H and I with respect to the 1/2 shares of the Defendant’s spouse F and the Defendant’s son G, on April 18, 2007, with respect to each of the said 1/4 shares of the said commercial building, and the registration of ownership transfer was completed to H and I with respect to the instant commercial building by receiving KRW 2.1 billion until June 29, 2012.

3) C) On March 3, 2015, J and K on apartment No. 12, 901, Jung-gu, Seoul, Jung-gu, Seoul (hereinafter “instant apartment”).

(C) At the time of the death of C, property-related C did not have positive or negative property at the time of the death. [Grounds for recognition] There was no dispute, entry in Gap evidence Nos. 1 through 6 (including number), and the purport of the entire pleadings as a whole. The purport of the pleadings is as follows.

2. The parties' assertion and judgment

A. 1) The plaintiff's assertion that the plaintiff's legal reserve was infringed upon the plaintiff's legal reserve of inheritance of the commercial building of this case and the apartment building of this case from C. Thus, the defendant is obligated to return the plaintiff's legal reserve of inheritance 205,384,610 won [200,000 won + (2 billion won 677,000 won) x inheritance share 2/13 x 1/2 of the legal reserve of inheritance x 1/2] which is the basis for calculating the legal reserve of inheritance (2).