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(영문) 서울중앙지방법원 2019.08.20 2018가합541467

유류분반환 청구

Text

1. The Defendant’s KRW 36,66,66 for the Plaintiff and KRW 5% per annum from July 10, 2018 to August 20, 2019.

Reasons

1. Basic facts

A. C died on November 15, 2017 (hereinafter “the deceased”), and at the time of death, there was the Plaintiff, Defendant, and D, who were their children.

B. Meanwhile, on August 1, 2014, the Deceased bequeathed the Seocho-gu Seoul E Apartment F (hereinafter “instant apartment”) that the Deceased and the Defendant resided in the Defendant by will, and the Defendant completed the registration of ownership transfer on December 5, 2017 regarding the instant apartment on the ground of testamentary gift.

1. Of inherited property, the following shall belong to the defendant:

G 1,091 square meters in Namyang-si

(b) H forest land 8,091 square meters in Namyang-si;

(c) 793 square meters of I forest land in Namyang-si;

(d) 496 square meters in J-si, Namyang-si;

(e) K forest 339С (shares to be transferred to more than one unit: 450 C co-ownership of 1178; hereinafter collectively referred to as “L-dong land share”) in Namyang-si;

1. The entire amount of bank deposits (M bank N or O bank P) out of inherited property shall be owned by the defendant;

C. On February 2, 2018, the Plaintiff, the Defendant, and D agreed on the division of inherited property on the deceased’s property as follows:

(hereinafter “this case’s agreement on division of inherited property”). . [Grounds for recognition] . (Evidence 1 through 3, Gap evidence 6, Eul evidence 1 and 2, Eul evidence 3-1 and 2, and the purport of the whole pleadings.

2. Determination as to the cause of action

(a) The calculation method of shortage in legal reserve of inheritance shall be calculated by adding the value of the donated property at the time of the commencement of the inheritance by deducting the total amount of debts; and

(Article 113(1) of the Civil Act. The detailed method of calculation shall be as follows:

Shortage in the legal reserve = [A] 】 Special profit (C) at the person having the right to the legal reserve of inheritance 】 The net profit (D) at the person having the right to the legal reserve of inheritance = positive inherited property - Legal reserve of inheritance = 100 = 10 = 30% at the legal reserve of inheritance = 40% at the number of the person having the right to the legal reserve of inheritance = 40% at the inheritance of the person having the right to the legal reserve of inheritance.