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(영문) 수원지방법원 여주지원 2018.03.28 2015가합11617

상속회복청구의 소

Text

1. The defendant against the plaintiff B:

(a) KRW 43,00,000 and interest rate of KRW 15% per annum from November 24, 2016 to the date of complete payment.

Reasons

1. Basic facts

A. The deceased E (hereinafter “the deceased”) died on October 10, 2014, and F, the deceased’s spouse, died on April 2012.

Plaintiffs, Defendant, G, and H are the offsprings of the Deceased.

B. On October 2, 1989, the ownership transfer registration was completed in the name of the deceased on November 25, 1989 with respect to the land size of 3,045 square meters in Gyeonggi-gu I return for 3,045 square meters.

After selling the above real estate to J on July 5, 2008, the Deceased sold 350,000,000 won to the Plaintiff.

C. The Deceased donated 1/3 of the total amount of KRW 430,00,000 on August 13, 2012, KRW 15,000,000 on August 14, 2012, and KRW 300,000 on July 24, 2013, KRW 300,000 on July 19, 2013, KRW 430,000 on August 18, 2014, and KRW 430,00,000 on May 14, 2014, and KRW 9,482 square meters on the gift in the name of the Defendant (hereinafter “instant land”). On May 16, 2014, the Deceased transferred the ownership transfer registration on the share of the instant land under the name of both parties.

As of January 1, 2015, the officially assessed individual land price as of January 1, 2015 is 18,400/m2.

The Deceased did not have positive inherited property or inheritance liability at the time of death.

According to Gap evidence No. 7, the deceased held a claim of 5,800 won of deposit against the Yang Pyeong Livestock Cooperative at the time of the death, but the amount is small, and the deposit was paid thereafter as telephone fees and communications fees, etc., and the plaintiffs did not consider the above deposit claim in calculating legal reserve of inheritance. Thus, the deceased's active inherited property at the time of his death is deemed not nonexistent.

[Ground of recognition] A without dispute, Gap evidence Nos. 1, 2, 6, 7, 15, Eul evidence Nos. 7 (including where each number is available; hereinafter the same shall apply), each fact inquiry result, each order to submit financial transaction information, the result of each order to submit financial transaction information, the purport of the whole pleadings.

2. The deceased asserted that he donated the Defendant totaling KRW 430,000,000 to the Defendant before his birth and one third of the instant land, thereby infringing on the legal reserve of inheritance (1/10) of the plaintiffs.

Therefore, it is true.