유류분반환 청구의 소
1. For the plaintiffs:
A. Defendant C’s KRW 49,548,310, respectively, and 5% per annum from June 23, 2018 to May 1, 2019.
1. Facts of recognition;
A. The deceased E (hereinafter “the deceased”) died on April 6, 2018, and the deceased’s heirs are the original, Defendant, and F.
B. There was no inherited property and inheritance obligation at the time of the deceased’s death.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The Plaintiffs asserted that the Defendants, co-inheritors, donated the following property to the Defendants, thereby infringing the Plaintiffs’ legal reserve of inheritance.
Therefore, the Defendants are obliged to pay the same amount as that stated in the claims to the Plaintiffs as the reserved portion return.
(2) On January 19, 2012, the deceased donated 40,000,000 won to Defendant C as personal taxi number plates and vehicle purchase funds to Defendant C in early 1990. (3) On January 19, 2012, the deceased donated the land of 137 square meters in Busan Jin-gu, Busan, and the land of 137 square meters in Busan, and the five-story neighborhood living facilities and detached houses (hereinafter collectively referred to as “instant real estate”).
B. The Deceased donated KRW 40,000,000 to Defendant D on the early 1990, as the purchase fund for H apartment I in Busan, Busan. (2) On December 8, 2011, the Deceased completed the registration of creation of a mortgage over KRW 60,000 with respect to the instant real estate to Defendant D, and thereafter, donated KRW 60,00,000 by having Defendant C, who received the instant real estate, repay the secured debt of the said right to Defendant D.
3. Return of legal reserve of inheritance:
A. The plaintiffs, as the heir of the deceased, can seek the return of the legal reserve of inheritance to the extent of the shortage when there is a shortage in the plaintiffs' legal reserve of inheritance due to their biological donation to the deceased's Defendants. The calculation method of shortage in legal reserve of inheritance is as follows.
The shortage in legal reserve of inheritance = the calculation of legal reserve of inheritance.