유류분반환
1. Of the judgment of the first instance, the part against the defendant, including the plaintiff's claim added and expanded by this court.
1. Basic facts
A. The deceased D (hereinafter “the deceased”) died on December 29, 201, and its heir is the deceased E, net F, and Defendant, a sibling.
The network E is the co-defendant C of the first instance trial (hereinafter referred to as the "C"), and the network F is the plaintiff's mother.
The deceased on February 2012, 2012, and the heir of G, H, I, J, K, the plaintiff, L, M, and N, nine children.
B. On June 15, 2012, the registration of ownership transfer was completed on the ground of testamentary gift (hereinafter “instant testamentary gift”) on December 29, 201 with respect to each of the 1/2 shares to the Defendant and C, and each of the said shares was sold to P in KRW 1.225 million, and the registration of ownership transfer was completed on May 13, 201, on May 13, 2013.
C. The Plaintiff filed a lawsuit claiming the return of forced inheritance (hereinafter “the lawsuit claiming forced inheritance”) against the Defendant and C on the ground that the deceased’s legacy of each of the instant real estate to the Defendant and C infringed his/her forced inheritance on his/her forced inheritance (hereinafter “the lawsuit claiming forced inheritance”).
On July 8, 2015, the above court held that the testamentary gift of this case infringed the plaintiff's legal reserve of inheritance (the ratio of legal reserve of inheritance: 1/81) and the plaintiff is not entitled to pay 15,123,456 won and damages for delay. However, in the case of the defendant, the defendant's claim against the defendant against the defendant is dismissed on the ground that the above legal reserve of inheritance was deposited in full, and the judgment of citing both claims against C was finalized around that time.
After that, the Plaintiff, in addition to each of the instant real estate, should additionally recover the legal reserve of inheritance on the ground that there is an excess of one billion won, such as the deceased’s financial assets and the borrowed real estate, in addition to each of the instant real estate, and thus, the Plaintiff and the Defendant were entitled to return the legal reserve of inheritance.