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(영문) 의정부지방법원 2015.02.13 2014가단38760

유류분

Text

1. All of the plaintiffs' lawsuits against the defendants are dismissed.

2. The costs of lawsuit shall be Law Firm.

Reasons

1. Facts without dispute;

A. The Plaintiffs and the Defendants were F and G’s children, and F died on February 11, 2013, respectively. < Amended by Presidential Decree No. 23720, Feb. 11, 2013>

B. G donated the said real estate to Defendant D on October 16, 2009, among the persons holding a 92.04 square meters of a single-story house located in the Busan High-gun Hacheon-gun's Hamcheon-gun's Hamcheon-do Panel roof, Busan High-do Busan High-gun, G.

2. The plaintiffs' assertion and the defendants' referenced land owned a large amount of land. However, around 1978, Defendant D donated all of them to Defendant D, a large child, and Defendant D violated the legal reserve of inheritance of the plaintiffs, who were co-inheritors by illegally withdrawing KRW 80 million from his mother's deposit account on January 21, 2013, and KRW 80 million on January 28, 2013, by illegally withdrawing KRW 20 million.

Therefore, the Defendants are obligated to pay damages for delay to the Plaintiffs each of the KRW 2,1860,000 (i.e., inherited property KRW 199,300,000 x the Plaintiffs’ inheritance shares 1/5).

3. Determination

A. Defendant D had a defense prior to the merits that the plaintiffs had no jurisdiction over this Court. However, the plaintiffs' lawsuit of this case seeking monetary payment with original or equivalent compensation as an exercise of the right to claim a return of legal reserve of inheritance does not fall under an exclusive jurisdiction as a lawsuit on property rights. In addition, as a lawsuit on property rights, Defendant D has jurisdiction over this court where the plaintiff's domicile among the plaintiffs is located (Article 467 (2) of the Civil Act and Article 8 of the Civil Procedure Act), and accordingly, this court has jurisdiction over the lawsuit of this case between the remaining plaintiffs and the defendants (Article 25 of the Civil Procedure Act). Thus, Defendant D's prior defense on the merits is without merit.

On the other hand, Defendant E does not have succeeded to the property of his parents, and thus, the plaintiffs' lawsuit of this case is not a party.