beta
(영문) 서울중앙지방법원 2015.01.22 2014가단5004258

유류분반환 등 청구

Text

1. As to the portion of 9/133 of each of the real estate listed in the separate sheet 1 to the plaintiffs, the defendant shall set forth in the separate sheet 2.

Reasons

1. Basic facts

A. The Plaintiffs, the Defendant, D, E, F, and G are all H’s children, and H died on June 17, 2013.

B. H owned the shares of 18/19 of the real estate listed in the separate sheet 1 (hereinafter “instant land”) and the real estate listed in the separate sheet 2 (hereinafter “instant building”) as indicated in the separate sheet 1 at the time of the death, and owned the instant real estate together with the instant land.

C. On November 14, 2013, the Defendant completed the registration of ownership transfer based on legacy on June 17, 2013.

[Reasons for Recognition] Facts without a partial dispute, Gap 1-3 evidence, Eul 1 evidence, the purport of the whole pleadings

2. Determination:

A. According to the above facts, the plaintiffs have a legal reserve of inheritance of 1/14, 1/2 of the inheritance stipulated in law. Thus, barring any special circumstance, the defendant is obligated to implement the registration procedure for transfer of ownership on January 13, 2014, which is the delivery date of a copy of the complaint of this case concerning one-fourth of each of the real estate of this case, inherited property, to the plaintiffs.

B. On August 22, 2013, the Defendant asserted that, around August 22, 2013, the Plaintiff agreed on the division of inherited property to pay KRW 45,00,000 to the remaining inheritors, after completing the registration of ownership transfer based on legacy under the Defendant’s name with respect to the instant real estate.

The division of inherited property by agreement is a kind of contract between co-inheritors, and all co-inheritors should participate, and the division by agreement only by some inheritors is null and void.

(See Supreme Court Decision 93Da54736 delivered on April 7, 1995). Accordingly, the defendant's assertion based on consultation with the remaining inheritors except the plaintiff B is without merit.

C. The Defendant alleged that the instant real estate was excluded from the inherited property since H donated the instant real estate to the Defendant around 1995, and the Plaintiffs lack of legal reserve of inheritance due to testamentary gift.