beta
(영문) 서울중앙지방법원 2018.02.06 2017가단47220

유류분

Text

1. The plaintiff's claim against the defendant (appointed party) and the appointed party is all dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Facts of recognition;

A. Under the relationship between the parties (i.e., death on February 6, 2011), the Network K (Death on February 6, 201) and the wife L (Death on July 201), the Plaintiff and the son, and the son J.

(The three children were more in the name but died at the Green Age). Shelled M was selecteder G, H, and I between the wife C and the wife, and the network N's co-inheritors are children D, E, and F.

B. On May 26, 1997, Leecheon-siO and P, a birthed, completed the registration of transfer of ownership by one-fourth share of each of four shares to the net M, net N, Defendant, and Appointer J on the ground of the donation from May 20, 1997.

(The ground for recognition) (the gift before the birth of this case) / [the ground for recognition] / The evidence No. 1 (including the provisional number), the purport of the entire pleadings.

2. The plaintiff's assertion as to the cause of claim

A. The deceased K distributed 1/4 shares of the property to four children through the donation before the birth of this case. The deceased K sold the net M, net N, and the defendant's own shares among four children and acquired 130,000,000 won, and the Appointed J holds the above shares.

Each co-inheritors of the network M and network N succeeded to the acquisition price.

(b) The value of the property that forms the basis for the calculation of the legal reserve of inheritance is 520,000,000 won (=130,000,000) and the legal reserve of inheritance of the Plaintiff is 1/2 of the legal reserve of inheritance, and therefore 52,00,000 won (=520,000,000 x 1/5) x 1/2).

C. As to the Plaintiff’s legal reserve of inheritance, the Selection C, G, H, and I, who are the deceased M’s co-inheritors, must return one-fourth of them to the Plaintiff, one-fourth of them (the first co-inheritors’s internal inheritance shares are C3/9, Selections G, H, I, and I 2/9). D, E, and F, which are the deceased N’s public successors, one-fourth of them (the first internal inheritance shares are one-third of each of the above internal inheritance shares) and one-fourth of each of them must be returned to the Plaintiff by the Defendant and the Selected.

Therefore, the Selection C, D, E, and F respectively are 4,33,33 won [[(52,00,000 won x 1/4]], ② 2,88,89 won [=52,00,000 won x 1/4)], ② 2,88,889 won in each of the Selection G, H, and I [ = 52,00,000 won x 1/4] x 2/9], ③ Defendant and Selection J.