유류분반환
1. The Defendant: KRW 15,312,50 for each of the Plaintiffs, and KRW 5% per annum from March 6, 2015 to August 27, 2015.
1. Basic facts
A. On January 2, 2005, the Plaintiffs’ licenses D (hereinafter “the deceased”) died. At the time of death, the Plaintiffs were the inheritors of the deceased.
The defendant sent close to the deceased, and the defendant asserts that he was a de facto marital relationship with the deceased, and the plaintiffs were merely a de facto marital relationship.
B. From November 3, 2014 to December 3, 2014, the Defendant withdrawn KRW 51,90,000 from the deceased’s military account (Account Number E) for a period from November 3 to December 3, 2014.
On December 18, 2014, the Deceased was hospitalized in the Mine University Hospital located in Yasan-si on December 18, 2014, and died during hospitalized treatment on January 2, 2015.
After December 18, 2014, the Defendant withdrawn KRW 16.9 million from another Nonghyup account (Account Number F) of the Deceased.
The Defendant spent 4050,000 won (No. 2-1 and No. 2-2) of the said money as the hospital expenses of the Deceased.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 1, Eul evidence 1 to 6, the purport of the whole pleadings
2. As to the calculation method as set forth below of the legal reserve amount to be returned by the Defendant to the Plaintiffs in this case, the Plaintiffs and the Defendant did not have any dispute in the course of pleadings and conciliation, and made a decision in lieu of conciliation based on the amount. In light of the circumstances that the Defendant raised an objection for reasons other than due to the amount, the reasons for the judgment are briefly stated as follows.
Comprehensively taking account of the overall purport of arguments in front of the advance payment from November 3, 2014 to December 3, 2014, the amount of KRW 1,90,000,000, out of the amount of KRW 5,1.9 million from November 3 to December 3, 2014, the deceased may be recognized as the facts that he/she had left with the Defendant and had paid for himself/herself, and the fact that the deceased had donated KRW 5,00,000,000,000,000, which is calculated by subtracting KRW 1,90,000,000,000,000,000,000 to be paid for himself/herself with the Defendant, does not conflict between the parties.
However, the donation of the above 50 million won is made.