유류분반환
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
On May 10, 2015, the deceased E (hereinafter referred to as “the deceased”) died, and at the time of death, the Plaintiff and the Defendants were children.
On the other hand, the deceased's spouse, died on September 1, 1995.
Plaintiff’s assertion
At the time of the death, the deceased had positive property such as the attached Table 1, but at the time of the death, he did not have any obligation different from the total value of KRW 660,658,00.
In addition, the Deceased’s donation of real estate as shown in the Attachment No. 2 to the Plaintiff and the Defendants before their birth, but it is obvious that the Plaintiff’s land was donated to the Plaintiff is a clerical error in H land.
For the Defendants, the amount of cash and real estate purchase funds were donated to the Defendants over several times.
The value of the real estate donated to the Plaintiff at the time of the deceased’s death is KRW 144,297,00, the value of the real estate donated to Defendant B is KRW 853,79,00, the value of the real estate donated to Defendant D is KRW 301,018,00, and the value of the real estate donated to Defendant C is KRW 369,150,000.
In addition to the portion of the deceased’s donation made in cash to the Defendants, only the real estate that the Plaintiff and the Defendants donated are included in the amount of property that is the basis of calculating the legal reserve of inheritance, the Plaintiff’s legal reserve of inheritance is KRW 291,115,250 (=2,328,922,00) and 1/8).
From the amount of the Plaintiff’s legal reserve of inheritance, the value of the real estate donated to the Plaintiff (i.e., KRW 144,297,00 x 1/4) and KRW 165,164,500 of the Plaintiff’s legal reserve of inheritance (i.e., KRW 660,658,00 of active property at the time of the death of the Deceased x 1/4 of the inheritance x 1/500 of the Plaintiff’s legal reserve of inheritance) fall short of the Plaintiff’s legal reserve of inheritance (i.e., KRW 29,876,500 of active property at the time of the death of the Deceased).
Therefore, with respect to the shortage of the Plaintiff’s legal reserve of inheritance, the Defendants should return to the Plaintiff the amount divided in proportion to the excess amount of legal reserve of inheritance.
Judgment
Legal reserve of inheritance shall be calculated by adding the value of the donated property at the time of the commencement of the inheritance, and deducting the total amount of debts.