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(영문) 수원지방법원 안산지원 2021.02.10 2018가단72096

유류분반환

Text

1. The Plaintiff:

A. Defendant B is entitled to legal reserve of inheritance on December 21, 2020 with respect to the 1/19 share of the real estate listed in the [Attachment 1] list.

Reasons

1. Facts of recognition;

A. The relationship between the parties D was married with E on January 28, 1962.

D’s children include F, G, H, Plaintiff, Defendant B, Defendant C, I, and J.

D A. On January 23, 2018, the Defendants died (hereinafter “D”). B. Defendant B, on August 10, 200, donated the real estate listed in the list as well as 1075 square meters in Nam-gu, Nam-gu, Seoul Special Metropolitan City (hereinafter “K paddy-gu”), and completed the registration of transfer of each ownership on August 22, 2000.

Defendant B sold K answer to L on September 1, 2017 and completed the registration of transfer of ownership on September 20, 2017.

The value is KRW 137,600,000 at the time of the death of the deceased person in K’s answer.

The defendant C received the real estate listed in the separate sheet No. 2. from the deceased on August 10, 200 and completed the registration of transfer of each ownership on August 22, 200.

On September 26, 2009, Defendant C created to the Industrial Bank of Korea the maximum amount of KRW 24,000,000,000 for the first re-real estate listed in the list No. 2 attached hereto. 2.

[Reasons for Recognition] A, A, 2, 3, 4-1 (=B 2), 4-2 (=B 1), 4-3, 4-4, 3 and the purport of the whole pleadings

2. Determination as to the cause of claim

A. 1) The legal reserve of inheritance is calculated by adding the value of the donated property at the time of the commencement of inheritance by the person in question to the value of the donated property at the time of the commencement of inheritance by the person in question (Article 1113 of the Civil Act). The above legal reserve of inheritance is calculated by deducting the total amount of the debt (Article 1113 of the Civil Act). The above legal reserve of inheritance is calculated only for one year prior to the commencement of inheritance, unless both parties knew that the legal reserve of inheritance would cause damage to the rightful reserve of inheritance by the person in question (Article 1114 of the Civil Act). However, in cases where there is a person who has made a special benefit from the property from the deceased among co-inheritors under Article 108 of the Civil Act applied mutatis mutandis pursuant to Article 11118 of the Civil Act, the provisions of Article 11114 of the Civil Act shall be excluded. Accordingly, the donation shall be calculated as a legal reserve of inheritance regardless of whether one year has elapsed