유류분반환청구의 소
1. Of the judgment of the court of first instance, the part against Defendant B is modified as follows.
Defendant B, as the Plaintiff, 157,074.
I. Basic facts
1. The deceased D (hereinafter “the deceased”) died on April 11, 2017. At the time of the deceased’s death, the deceased’s heir had the Plaintiff (maths), Defendant B (maths), and F (F) as the deceased’s children.
However, on June 14, 2017, F reported the renunciation of inheritance, and was tried on September 11, 2017 by the Seoul Family Court 2017Ra5026, and eventually renounced the inheritance of the deceased’s property.
2. On October 26, 2006, the Deceased sold to K, L, Sungnam-si G, Sungnam-si, 502 Dong 201 (hereinafter “Subdivision apartment”) for KRW 850 million.
However, in the name of the Defendants, a sales contract with the purchase price of KRW 800 million was concluded with respect to the real estate listed in paragraph (1) of the attached Table No. 1 of M and N owned by M on October 31, 2006 (hereinafter “use apartment”), and on January 2, 2007, the registration of ownership transfer was completed with respect to shares of KRW 1/2 of the use apartment.
3. On May 27, 2010, the Deceased donated 1/4 shares of the real estate listed in the list No. 2 of the deceased’s attached Table No. 2 (hereinafter “the instant forest”) to Defendant B, and on June 1, 2010, the decedent completed the registration of ownership transfer on the instant forest land.
4. Meanwhile, there was no active or negative property in the name of the deceased at the time of the deceased’s death.
[Ground of Recognition] No dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings
1. As seen earlier, the Plaintiff is the deceased’s children and co-inheritors. As such, in cases where the amount of legal reserve of inheritance falls short of the Plaintiff’s legal reserve of inheritance due to the donation made by the deceased to the Defendants or Defendant B pursuant to Article 1115(1) of the Civil Act, the Plaintiff may seek the return within the scope of the value of the donated property in the case of Defendant B, within the limit of the value of the donated property.
2. Article 1113, Paragraph 1 of the Civil Code, which calculates shortage in legal reserve of inheritance, is "the legal reserve of inheritance of the inheritee at the time of the commencement of inheritance."