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(영문) 서울고등법원 2016.01.29 2014나2028853

유류분반환

Text

1. Of the judgment of the court of first instance, the part against the plaintiffs, which orders payment below, shall be revoked.

Reasons

1. Basic facts

A. On September 25, 2012, a party-related D (hereinafter “the deceased”) died, and his heir is the Plaintiffs, the spouse of E and the Defendant, and F.

B. 1) On July 1, 2008, the Deceased’s Real Estate Donation, etc. (1) on the part of the Defendant on July 1, 2008, the Geumcheon-gu Seoul Metropolitan Government building of 145.2 square meters and its ground (hereinafter “instant real

(2) On February 23, 2011, the Defendant: (a) donated the instant real estate; and (b) completed the registration of transfer on July 2, 2008; and (c) subsequently, on the instant real estate, established the right to collateral security with the maximum debt amount of KRW 216 million on February 23, 201 and the right to collateral security with the maximum debt amount of KRW 84 million on June 1, 2012, respectively.

C. 1) The Deceased’s cash and property held at the time of the Deceased’s death (hereinafter “CF”) is the NH Nonghyup Bank at the time of the Deceased’s death.

2) On the day of the death, 8,158 won was deposited at KRW 2,008,158 (Account Number: H). However, on the day of the death, 8,158 won was withdrawn from the said Nonghyup Bank’s deposit account as telephone fee, and the remaining 2,00,000 won was entirely withdrawn. 2) In addition, at the time of the death, the Deceased held the deposit claim (Account Number: AA and AB) of KRW 1,491 in total against the KB National Bank (hereinafter “National Bank”).

3) In addition, there was no other active or negative property of the deceased. 【The ground for recognition】 the fact that there was no dispute, and each description of Gap’s evidence Nos. 1 through 3 (if any, including a serial number; hereinafter the same shall apply).

each order to submit financial transaction information to the National Bank of the first instance and the Nonghyup Bank, the whole purport of the pleading.

2. The party's assertion and judgment

A. The summary of the plaintiffs' assertion (the cause of the claim) infringed the plaintiffs' legal reserve of inheritance after receiving the gift of the real estate of this case, which is the only property of the deceased. Thus, the defendant is obligated to return each shortage of legal reserve of inheritance to the plaintiffs within the extent exceeding its own legal reserve of inheritance among the value of the real estate of this case