유류반환
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the court’s explanation concerning the instant case is as stated in Paragraph 1 of the reasoning of the judgment of the court of first instance, and such reasoning is cited by the main text of Article 420 of the Civil Procedure Act.
2. The parties' assertion
A. The Plaintiff asserted that the Defendant was donated KRW 450,000,000,000,000 to the Defendant of Songpa-gu Seoul apartment Q (hereinafter “K apartment”), and that the Plaintiff was donated to the Defendant of KRW 400,000,00,000,000,000,000,000,000,000,000,000 won or more to the first instance.
② Since the legal reserve of inheritance of the Plaintiff was infringed upon by donating KRW 132 million, and KRW 45 million, which was withdrawn from an enterprise bank, ③ Seowon-gu L apartment R (hereinafter “Cheongju apartment”) in Cheongju-si, and thus, the Defendant shall return the shortage of legal reserve of inheritance of the Plaintiff.
B. Defendant 1) ① around April 2015, the sales price of K Apartment Building owned by the deceased was KRW 200,000,000,000,000,000,000,000 won, which was donated by the Defendant to the Defendant from the Deceased, is included in the Defendant’s property based on the legal reserve of inheritance, and ② on April 4, 2016, the Defendant received KRW 22,50,000 from the Deceased’s corporate bank deposits, and the Defendant’s son received KRW 22,50,000,000 from the Deceased, and ③ the Plaintiff received KRW 45,00,000 from the Deceased and KRW 1,50,000,00,000 from the Deceased’s legal reserve of inheritance. In full view of this, the Plaintiff’s entitlement to the return of the deceased’s legal reserve of inheritance was extinguished as at the time the Plaintiff’s claim for restitution was made.
3. Determination
(a) Shortage in the calculation method of shortage in legal reserve of inheritance shall be calculated according to the following formula:
Shortage in legal reserve of inheritance = legal reserve of inheritance.