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(영문) 서울남부지방법원 2021.01.08 2020가합101455

유류분반환

Text

1. Defendant E’s each of the Plaintiffs’ KRW 51,264,358 and each of the said money is 5% per annum from November 17, 2020 to January 8, 2021.

Reasons

1. Basic facts

A. On March 30, 1951, the networkF married with Defendant C on March 30, 1951, set up the Plaintiffs, Defendant D, G, and H as their children.

The deceased F (hereinafter referred to as “the Deceased”) died on November 27, 2017.

B. Defendant E is the child of Defendant D with I and the deceased’s grandchildren.

(c)

On December 20, 2001, Defendant D completed the registration of the transfer of ownership on the ground of sale on December 12, 2001, with respect to J-si, Leecheon-si and 169 square meters in J-si, and 3,005 square meters in K (hereinafter “J-K land”).

(d)

On September 21, 2015, the Deceased donated 1/2 shares among the following: (a) Defendant C and E donated 248§³ and above-ground detached houses (hereinafter “L land and housing”); and (b) Defendant C and E completed the registration of transfer of ownership based on donations on September 22, 2015.

[Ground for recognition] Unsatisfy, Gap evidence 1 (including branch numbers; hereinafter the same shall apply), Gap evidence 3-1, 2, 5, and 6-2, the purport of the whole pleadings

2. The plaintiffs' assertion that the defendant C donated 1/2 of L and 1/2 of the housing to the deceased, which caused the violation of the plaintiffs' legal reserve of inheritance.

J and K land is the land on which the deceased entrusted the deceased's birth M in his name, and the defendant D was donated the above land from the deceased, and the 1/2 shares of the L land and the 1/2 shares of the housing that the defendant E received from the deceased were actually donated by the defendant D. Accordingly, each of the above donations infringed the plaintiffs' legal reserve of inheritance.

Therefore, Defendant C and D have a duty to return shortage to the plaintiffs.

If Defendant E, not Defendant D, is deemed to have received 1/2 shares of L and housing, Defendant C and E are obligated to return the shortage in legal reserve of inheritance to the Plaintiffs.

3. Determination as to the claim against Defendant C

A. Article 1008 of the Civil Act provides, “If there is a person who received a gift or testamentary gift from an inheritee among co-inheritors, such gift or testamentary gift does not reach his/her share of inheritance, that shortage of property is insufficient.

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