유류분 반환
1. The defendant is 5% per annum from May 9, 2020 to May 27, 2020, respectively, to Plaintiff A, C, and D, as well as from May 27, 2020.
1. Basic facts
A. The F (hereinafter “the deceased”) died on June 28, 2018, and six children, including the Plaintiffs, the Defendant, and G, inherited the Deceased.
B. There is no active inherited property of the deceased, and there is no inherited obligation.
C. The Deceased, before the birth, donated to the Defendant the sum of KRW 264,643,90,00, of real estate seven parcels and land compensation as follows.
The value of the donated property shall be KRW 15,865,60,000,000 2,000,000,000,000,000,000,000,000,00,000,00,000,00,000,000,000,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,00,00,000,00,00,00,000,00,000,00,00,00,000,00,000,00,00,000,00,00,00,00,00,00,00
D. The Deceased donated 68 million won in cash to the Plaintiff B before his birth.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to Gap evidence 3-7, Gap evidence 5-1, 2, Eul evidence 1-1 to Eul evidence 3-2, the purport of the whole pleadings
2. Judgment on the plaintiffs' assertion
A. The Defendant asserted that the Plaintiffs received KRW 78 million in cash from the Deceased during the period from December 2017 to January 2018, and the Deceased donated KRW 20,462,640 to the Defendant’s non-military PP compensation.
Therefore, the above cash amounting to KRW 78 million and the above compensation amounting to KRW 20,462,640 should also be included in the property that forms the basis for calculating the legal reserve of inheritance.
Therefore, the value of the property, which is the basis for calculating the legal reserve of inheritance, is KRW 332,643,90 (i.e., the Defendant’s increase in the amount of KRW 264,643,90 as stated in the above table (the Defendant’s increase in the amount of KRW 264,643,90 as stated in the above table) plus KRW 431,106,540,000 as the sum of KRW 20,462,640 as well as KRW 20,00 as the above compensation.
B. The evidence submitted by the Plaintiffs, including the voice and statement No. 4-1, No. 4-2, and the fact-finding results on the Ministry of Military Affairs in this Court, alone, shall be KRW 264,643,90 in total, the value of the property indicated in the above Table, to the Defendant.