beta
(영문) 인천지방법원 2019.04.26 2018가합60907

유류분

Text

1. On July 26, 2018, Defendant C and D respectively, KRW 28,293,235 for the Plaintiffs, and KRW 12,47,515 for Defendant E and each of the said money. < Amended by Act No. 1539, Jul. 26, 2018>

Reasons

In fact, on September 1, 1955, the networkF, such as the relationship between the parties to the agreement (hereinafter referred to as "the network") married with the network G and had the Plaintiffs and the Defendants as their children.

The deceased died on February 23, 2015, and the deceased died on November 8, 2015.

At the time of death of the Deceased, the Deceased held the following deposit claims (hereinafter collectively referred to as “instant deposit claims”) at the time of death of 13 corporate bank deposits (Account Number: H) 67,430 2 corporate bank deposits (Account Number: I) 13 corporate bank deposits (Account Number) 32,000,000 c2,067,431 deceased.

On November 31, 1988, the Deceased’s Real Estate Donation to the Defendants of the Deceased donated 1/2 shares of the real estate listed in the Schedule 1.1 to Defendant C and D, respectively. The said Defendants completed the registration of ownership transfer on the ground of the said gift on December 16, 1988.

On May 16, 2001, the Deceased donated each real estate listed in [Attachment 1. List 2 and 3 to Defendant E, and the above Defendant completed the registration of ownership transfer on May 17, 2001 for each of the above real estate.

On August 23, 2001, the Deceased donated 1/2 of each real estate listed in [Attachment 1] Nos. 4 and 5 of [Attachment 1] to Defendant C and D, respectively, and the said Defendants completed the registration of ownership transfer on August 24, 2001 with respect to each of the above real estate shares based on the above donation.

In the relevant case, the Plaintiffs filed a claim against the Defendants for a judgment on the division of inherited property regarding the deceased’s inherited property by Seoul Family Court 2015Dhap30250, and the Defendants filed a claim against the Plaintiffs for a judgment against the determination on the contributory portion under the same court 2016Dhap152.

As to this, the court of first instance did not accept the Defendants’ claim on the amount of contributory portion and dismissed the claim for a review, while the instant deposit claim shall be considered as inherited property subject to division, while each real estate listed in the separate sheet Nos. 1 and 2 as stated in the separate sheet No. 1 and 2.