유류분반환등청구의소
1. The Defendant’s KRW 14,285,714 for the Plaintiff and KRW 5% per annum from March 24, 2018 to August 21, 2018.
1. Determination on the cause of the claim
A. (1) The deceased C (hereinafter “the deceased”) died on March 9, 2014. At the time of death, there were seven children including the Plaintiff and the Defendant.
(2) On January 13, 2014, the Deceased donated KRW 200 million to the Defendant (hereinafter “instant KRW 200 million”).
(3) At the time of the death of the Deceased, ownership of the instant real estate (Seoul Seocho-gu Seoul Metropolitan Government 1,296 square meters) at the time of the Deceased’s death was made to the Deceased, but the ownership of the instant real estate was made to the Deceased on February 2.
As seen in this paragraph, it seems that there was no substantial value of the property in that the deceased was obligated to perform the procedure for ownership transfer registration in the KB real estate trust or the non-party company on January 13, 2014 in accordance with a trade agreement with the KB real estate company.
There was no such action.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings
B. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay at each rate of 15% per annum under the Civil Act from March 24, 2018 to August 21, 2018, the date following the delivery date of a copy of the complaint of this case, which contains the Plaintiff’s intent to claim the return of the legal reserve against the Defendant, including the amount of KRW 200 million which was donated one year prior to the commencement of the inheritance x 1/14 of the legal reserve (=1/7 of the legal inheritance x 1/2)) and to the Plaintiff’s intent to claim the return of the legal reserve against the Defendant.
The Plaintiff claimed damages for delay from March 9, 2014, where inheritance commenced due to the death of the Deceased. However, since the obligation to return legal reserve of inheritance falls under a non-fixed obligation, and thus, the Plaintiff is liable for delay from the time of receiving the claim for performance.