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(영문) 전주지방법원 2017.01.25 2016나3846

유류분반환

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Determination on the cause of the claim

A. On August 8, 2001, the Plaintiff’s summary of the Plaintiff’s assertion was a person who re-born with the Defendant’s mother-friendly deceased, and C died on August 8, 2015, and became co-inheritors C along with the Defendant.

On the other hand, the deceased C donated 60 million won to the Defendant before the death. The Plaintiff claimed against the Defendant for the payment of KRW 13,846,153 equivalent to 3/13 of its secured portion of inheritance, i.e., e., 60 million.

B. According to the Plaintiff’s assertion that the judgment net C infringed on his own legal reserve by donating the deposit money to the Defendant, and the statement in Gap evidence No. 8, it is difficult to acknowledge that the lease contract was terminated on March 21, 2002 by the deceased C with the deposit deposit amount of KRW 60 million for the site located in Dongjak-gu Seoul Metropolitan Government on March 21, 2002, but it is insufficient to recognize that the deceased C donated the above deposit amount of KRW 60 million to the Defendant solely on the above facts of recognition, and there is no other evidence to acknowledge otherwise.

Ultimately, the evidence submitted by the plaintiff alone does not show that there was a shortage of assets or legal reserve due to the infringement of legal reserve of inheritance, which is the basis of calculating legal reserve of inheritance. The plaintiff's claim of this case is without merit without further review.

2. Thus, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.