유류분반환청구 등
1. The Defendants are 5% per annum from January 10, 2017 to October 18, 2017, respectively, to Plaintiff B, as well as KRW 343,333, respectively.
1. The FF died on March 18, 2016.
(hereinafter “the deceased”). The deceased’s inheritors are six spouse and children, and the Plaintiffs and the Defendants are part of their inheritors.
There were 145,139,662 won as active property at the time of the deceased’s death.
[Ground of recognition] Unsatisfy, Gap evidence No. 14, the purport of the whole pleadings
2. Judgment on legal reserve of inheritance
A. We examine whether the properties claimed by the Plaintiffs as the basis for calculating the legal reserve of inheritance are included in the property that serves as the basis for calculating the legal reserve of inheritance.
1) As to the properties listed in the separate sheet Nos. 1 and 2, the Plaintiffs asserted to the effect that Defendant C and D donated shares in the fishery rights listed in the separate sheet Nos. 1 and 2 (hereinafter “the fishery rights of this case”) to the deceased, and thus, the instant fishery rights of this case constitute property that serves as the basis for calculating the legal reserve of inheritance. However, the evidence submitted by the Plaintiffs alone is insufficient to deem that the deceased donated the instant fishery rights of this case or the acquisition cost of the instant fishery rights to the Defendant C and D, and there is no other evidence to support this. Accordingly, the Plaintiffs’ assertion related to the instant fishery rights is not accepted. 2) In addition to the whole purport of the pleadings in the separate sheet No. 4 (including the serial number) as to the properties listed in the separate sheet No. 3 and 4 (including the instant fishery rights) of the separate sheet
(2) As of January 1, 2016, each real estate in the separate sheet No. 377,400/m2 and the real estate in the separate sheet No. 4 is 331,800/m2 in the case of real estate in the separate sheet No. 3 of the separate sheet No. 3 of the individual land price of each real estate.
As to this, Defendant E asserts to the effect that the instant real estate should be excluded from the calculation of legal reserve because he specially supported the Deceased and received the instant real estate as a contributory portion.
However, the contributory portion has the character as a premise for the division of inherited property.
The share of inheritance of inheritors is fixed.