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(영문) 서울북부지방법원 2015.06.11 2013가합22199

유류분반환

Text

1. The Defendant’s KRW 33,683,893 as well as 5% per annum from April 22, 2014 to June 11, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. C’s death and property relationship 1) deceased on March 14, 2013. On September 30, 1961, C filed a marriage report with E (Death on December 16, 1969), and C had F and the Plaintiff, the husband of the Defendant, who is the father of E between E and E. On September 30, 1961. C and E reported the birth of G as their father. Accordingly, C and C were the inheritor of C, and there were both the Plaintiff, F and G, and the heir’s share of inheritance were 1/3. 2) did not have any property at the time of death.

B. G’s claim for the return of legal reserve of inheritance 1) G transferred its claim for the return of legal reserve of inheritance to the Plaintiff around July 2013 (hereinafter “transfer of the claim for return of legal reserve of inheritance of this case”).

The main contents of the transfer contract are as follows. The Plaintiff and G promised to transfer to the Plaintiff on condition that they claim the return of legal reserve against F by notifying F of this transfer contract to F. G notifies F of the fact that a claim for the return of legal reserve corresponding to its own shares (1/3 x 1/2=1/6) was transferred to the Plaintiff, thereby claiming F to return the property equivalent to G’s legal reserve from among the property donated to F before the deceased C. Article 1 (Duty of Notice of Assignment) G must obtain F’s consent with a document with a fixed date without delay. Article 2 (Prohibition of Interference) G cannot interfere with the Plaintiff’s exercise of rights until the entry into force of notice under Article 1. Article 3 (Cancellation of Contracts) G cannot interfere with the Plaintiff’s exercise of legal reserve of inheritance against F with the Plaintiff’s claim for return of legal reserve of inheritance with the Plaintiff’s claim for return of legal reserve of inheritance against the Plaintiff. < Amended by Presidential Decree No. 20680, Jul. 23, 2015>