유류분반환 청구의 소
1. As to the Plaintiffs’ KRW 58,479,845, respectively, and KRW 50,000 among them, the Defendant shall start on October 13, 2015, and KRW 8,479.
1. Basic facts
A. On July 8, 2015, Nonparty He (FFs, hereinafter referred to as the Deceased) died.
At the time, five children, including Plaintiff A, B, C, and Nonparty G, and Defendant, were born to the deceased. Among them, G became the co-inheritors as a consequence of the renunciation of inheritance, the remaining four persons were co-inheritors, and each real estate listed in attached Table 1 was inherited property.
B. The Deceased, before his birth, donated each real estate listed in the Attachment No. 2 to the Defendant and completed the registration of ownership transfer in the name of the Defendant.
[Reasons for Recognition] Facts without dispute, each entry of Gap evidence 1 to 10 (including a tentative number; hereinafter the same shall apply)
2. Determination on the cause of the claim
A. Article 1113(1) of the Civil Act provides that “The legal reserve of inheritance shall be calculated by adding the value of the donated property at the time of the commencement of inheritance to the value of the inherited property at the time of the commencement of inheritance.” The specific method of calculation is as follows. Shortage in the legal reserve of inheritance = [The basic amount of property at the time of the commencement of inheritance 】 the ratio of the person holding the right to the legal reserve of inheritance 】 the special profit (C) of the person holding the right to the legal reserve of inheritance - A = the amount of donated property at the time of the commencement of inheritance - the amount of inherited property at the time of the commencement of inheritance - the amount of donated property at the time of the commencement of inheritance / 2/3 of the lineal descendants of the inheritee = D = the amount received at the time of inheritance by the person holding the right to the legal reserve of inheritance - the amount of inherited property at the time of the commencement of inheritance calculated by deducting the value of inherited property at the time of the commencement of inheritance from the market value of inherited property at the time of inheritance.