beta
(영문) 서울고등법원 2015.09.18 2014나2043722

유류분반환

Text

1. The judgment of the court of first instance is modified as follows.

The defendant, among the 1st real estate listed in the separate sheet No. 1, the plaintiff.

Reasons

1. Facts without dispute (based on recognition), Gap's entries in the evidence No. 1 and 47, 49, 51, 57, 66, 75 (including each number; hereinafter the same shall apply), Eul's entries in the evidence No. 1, and the purport of the whole pleadings;

A. Inheritance relationship, family relationship between the plaintiffs and the defendant 1) network D (hereinafter “the deceased”).

On September 22, 1965, the Plaintiff died on November 12, 2012 while married with E and having both the Plaintiffs, Defendant, and F, and engaging in the two-way business, etc. (2) A married with G attorneys-at-law around 1993, but divorced on September 2005, and Plaintiff B married with H, a doctor around 1999, but divorced on April 2004.

On the other hand, the defendant was married with I around 2008.

B. 1) The Deceased’s inherited property 1) At the time of the Deceased’s death, each real estate listed in the separate sheet No. 2 (hereinafter referred to as “attached sheet”) is omitted.

(2) Meanwhile, at the time of death, the Deceased assumed the obligation of KRW 648,50,00 in total, including the obligation to return the lease deposit amount of KRW 500,000,000 as to the instant building. In addition, the Deceased assumed the obligation of KRW 648,50,000 in total, including the obligation to return the lease deposit amount of KRW 50,000 as to the instant building.

C. A gift of real estate to the deceased’s family members and the deceased’s testamentary gift: (a) on December 12, 1997, 1/2 shares (the shares 1/2 are donated to E at the same time; (b) on the same date; (c) on the plaintiff A, each of the real estate listed in the third list; (c) on the defendant, each of the real estate listed in the fourth list was donated to F; and (d) on the defendant, one of the real estate listed in the first list (the same as the real estate listed in the second list) was bequeathed to E.

As the deceased died, the heir’s agreement on the division of inherited property and the division of inherited property 1) On the same day, the heir, including the plaintiffs and the defendant, from among the real estate of the deceased, 2 and 3 real estate and other financial assets 369,054,667 won, Samsung Securities Co., Ltd. (the above).