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(영문) 대전지방법원홍성지원 2019.04.03 2018가단2882

유류분반환

Text

1. The Defendant is 5% per annum from May 4, 2018 to April 3, 2019 with respect to each of the Plaintiffs’ KRW 10,60,296 and each of the said money.

Reasons

1. Basic facts

A. On July 3, 2017, E died (hereinafter “the deceased”), and the Plaintiffs, the deceased’s spouse, and the Defendant and G jointly inherited the property.

The F died on December 25, 2017.

B. On November 11, 2008, each registration of ownership transfer was completed in the Defendant’s future due to the gift on each real estate listed in the separate sheet, which was owned by the deceased.

C. On November 11, 2008, the registration of ownership transfer was completed in the Defendant’s future on the ground of donation on November 11, 2008 with respect to the land size of H 392 square meters in Gyeongbuk-gun, Gyeongbuk-gun,

The defendant sold H land in KRW 43 million to I, and completed the registration of ownership transfer to I on October 17, 2013.

(Attachment Table 2) The combination of the real estate and H land in the attached list shall be referred to as “instant real estate”).

No inherited obligation shall be performed at the time of the deceased’s death.

【Ground of recognition】 Each entry of evidence Nos. 1 through 5, and the purport of the whole pleadings

2. As to the assertion and judgment on basic property for calculating legal reserve of inheritance

A. Article 108 of the Civil Act, which is applicable mutatis mutandis by Article 11118 of the Civil Act, provides that "in case where there is a person among co-inheritors who received a donation of property or a testamentary gift from an inheritee among co-inheritors, if the given property does not reach his/her own share of inheritance, the portion in which the given property is inherited to the extent of the shortage thereof." This is intended to take this into account in the case where there is a special beneficiary who received a donation of property or testamentary gift from the inheritee among co-inheritors, for the equitableness among co-inheritors, when the given property is treated as the advance payment of the inherited property and calculated specific shares of inheritance in order to ensure the equitableness among the co-inheritors (see Supreme Court Decision 93Da11715, Jun. 30, 1995). In case where there is a person who received special benefits from the inheritee by donation of property from the inheritee by birth of property from the inheritee, the provisions of Article 1114