beta
(영문) 인천지방법원 2016.09.21 2015가단221889

유류분 청구의 소

Text

1. The Defendant: (a) KRW 14,187,858 to Plaintiff A; and (b) KRW 9,458,571 to Plaintiff B and Plaintiff C, respectively; and (c) each of the said money on June 2015.

Reasons

1. Basic facts

A. E was married with F, thereby having children G, H, I, and the Defendant, and F died on May 13, 1986.

B. On February 20, 1978, G was married with Plaintiff A and was born as Plaintiff B and C, and died on June 17, 1991.

C. Meanwhile, on April 27, 1990, E owned 86m2 in Dong-gu Incheon Metropolitan City J (hereinafter “instant J land”) and completed the registration of ownership transfer on the said land to the Defendant on April 25, 1990.

Since then, on April 20, 2006, the defendant completed the registration of ownership transfer on the above land to K on March 22, 2006.

E on July 22, 1992, the registration of ownership transfer was completed on the ground of sale on May 20, 1991 with respect to L Apartment Nos. 103, 1101, Yeonsu-gu, Incheon (hereinafter “instant L Apartment”), and on April 21, 2005, the registration of ownership transfer was completed on the ground of the same day donation to the Defendant. The Defendant completed the registration of ownership transfer for M on November 7, 2012 with respect to the above apartment on December 21, 2012, but the transaction value was KRW 184,00,000.

E. E died on June 8, 2006.

The respective inheritance shares of H, I, and the defendant, who are their successors, are 1/4, and the inheritance shares of the plaintiff A, who is their successors, are 3/28 (=1/4 x 3/7), the inheritance shares of the plaintiff A, who are their successors, are 2/28 (=1/4 x 2/7).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 5, 15, and the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, the plaintiffs can seek the return of legal reserve of inheritance to the defendant to the extent that there is a shortage of legal reserve of inheritance when the deceased E, as co-inheritors of the deceased E, donated L apartment with the land of this case to the defendant.

B. 1) There is no particular dispute between the parties that the land of this case serves as the basis for calculating legal reserve of inheritance as the net E’s donated property. 2) The Defendant is the instant case.