유류분반환 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1-1, 2 and 2:
The plaintiff and the defendant are children of the deceased C (Death on February 16, 1988) and the deceased D (Death on March 22, 2013).
B. On July 1, 2005, the network D sold 516 square meters (hereinafter “the instant real estate”) prior to E to E in Sii-si, Sii-si, Rural Development Co., Ltd. on its own, and completed the registration of ownership transfer on September 26, 2005.
2. The assertion and judgment
A. The gist of the Plaintiff’s assertion was that the Defendant solely donated KRW 320,000,000 from the real estate purchase price of this case from the deceased D and infringed the Plaintiff’s legal reserve of inheritance, which is a co-inheritors. As such, the Defendant is liable to pay the Plaintiff the shortage in legal reserve of inheritance amount of KRW 80,000 [=320,000,000 x 1/2 (Share of inheritance) x 1/2] and delay damages therefrom.
B. The reasoning of the judgment is insufficient to acknowledge that the Defendant received KRW 320,00,000 from the deceased D’s gift of KRW 320,000 from the instant real estate purchase price, and there is no other evidence to acknowledge otherwise, even if the Defendant received a gift of KRW 320,00,000 from the real estate purchase price of the instant real estate, the Defendant received KRW 320,000,000 from the real estate purchase price of the instant case.
Even if the plaintiff's net inheritance amount exceeds the plaintiff's forced inheritance amount as shown below in the statements Nos. 7, 8, Eul Nos. 1 through 5, and 7 (including additional numbers), the defendant cannot be deemed to have infringed the plaintiff's right to forced inheritance, as follows, since the plaintiff's net inheritance amount exceeds the plaintiff's forced inheritance amount.
Therefore, the plaintiff's above assertion is without merit.
The shortage in the calculation method of the shortage in the legal reserve = the amount of the legal reserve of inheritance [A] 】 the ratio of the legal reserve of inheritance of the person with the legal reserve of inheritance(B) - the special benefit amount of the person with the legal reserve of inheritance(C) - the legal reserve of inheritance.