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(영문) 창원지방법원밀양지원 2017.07.11 2015가단10662

유류분반환

Text

1. The Defendant shall pay to the Plaintiff KRW 62,30,835 and the interest rate of KRW 15% per annum from October 12, 2016 to the date of full payment.

Reasons

Facts of recognition

The deceased C (hereinafter referred to as “the deceased”) died on July 29, 2014, and his/her heir is the Plaintiff, Defendant, D, and E, who is his/her child.

On February 10, 2006, the Deceased donated F. 275 square meters, a previous property, to the Defendant on February 10, 2006, a 19.83 square meters, G 19.83 square meters, G 1,940 square meters (hereinafter “each of the instant real property”) in a block structure, string string 275 square meters on the ground of the instant land, a wooden tank and a branch 26.45 square meters, and a string 41.32 square meters in a string roof string string string of the said site, and completed the registration of ownership transfer.

There was no active or negative property at all when the deceased died, and the market price at the time of the commencement of the inheritance of each of the instant real property is 498,646,680 won.

【Judgment on the record of evidence Nos. 1 through 4 (including each number), the result of appraisal commission made on October 4, 2016 to appraiser H of this court, and the right to claim a return of legal reserve of inheritance, as a whole, shall be calculated by adding the value of the property owned by the decedent at the time of the commencement of the inheritance to the value of the property owned by the decedent at the time of the commencement of the inheritance,

(Article 113(1) of the Civil Act. The Deceased donated each of the instant real property, which is the previous property, to the Defendant prior to his death, and did not possess any active property or obligation at the time of his death.

Therefore, each of the instant real property includes property that serves as the basis for calculating legal reserve of inheritance.

The defendant asserts that "the deceased's donation of each real estate of this case to the defendant is a donation on the condition of supporting the deceased, and the defendant paid KRW 82,127,430 to the deceased's support expenses, which should not be excluded from the basic property for calculating the legal reserve of inheritance."

However, there is no evidence to prove that the deceased donated each of the real estate of this case to the defendant under the conditions as alleged above, and the above assertion is without merit.

In addition, the defendant has made a special contribution to the maintenance of inherited property while supporting the deceased.