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(영문) 서울서부지방법원 2014.08.29 2013가합34075

유류분청구의 소

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

The Plaintiff had eight children (non-party E, F, G, H, I, J, and Non-party K, the Plaintiff and her children, including the Plaintiff, from Non-party E, G, H, I, J, and her children to Non-party D).

The deceased C was dead on November 5, 1986, and the deceased C re-born with the Defendant on November 5, 1986, and there was no child born between the deceased C and the Defendant.

The net C died on July 24, 2010 while being affected by a disease such as stroke, etc.

[Grounds for recognition] The plaintiff's assertion as to the plaintiff's claim as to Gap's evidence No. 1 and the purport of the whole argument is that the defendant who most inherited the deceased's property was obligated to return legal reserve of inheritance to the plaintiff, since he did not fully inherit the deceased's property after the deceased's death, although he was the deceased's heir, and that the defendant is not guilty of infringement of legal reserve of inheritance when the plaintiff calculated the property donated or inherited from the deceased C.

Judgment

In full view of the following: (a) there is no dispute between the parties, or the evidence Nos. 5, 8, and 1, 2, 4, and 8 (including paper numbers); and (b) the purport of the entire pleadings as a result of the court’s order to submit financial data to Han Bank Co., Ltd. on May 16, 2014, the aggregate of the assets at the time of commencement of the inheritance of the deceased C, which serves as the basis for calculating the legal reserve of inheritance, shall be recognized as KRW 8,151,79,214 as follows.

It is the amount calculated by converting the value of the donated property into the monetary value at the time of the commencement of the inheritance by reflecting the price fluctuation rate.

1. As of July 24, 2010, the Defendant’s presumed inherited property Nos. 612,531, 267, 612,531,267 as of July 24, 2010 asserted that the amount of the inherited property No. 2 is legally presumed in the process of determining the taxable value under the Inheritance Tax Act, and thus, it cannot be included in the underlying property for calculating the legal reserve. However, considering the overall purport of the pleadings in each of the items in evidence No. 5-1 through No. 8, the net C is from July 25, 2008 to July 23, 2010.

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