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(영문) 서울남부지방법원 2017.07.14 2016가합105511

유류분 청구의 소

Text

1. Defendant C: (a) KRW 250,205,316; (b) KRW 288,715,954; and (c) KRW 288,715,954 to Plaintiff A; and (b) KRW 28,201.

Reasons

1. Basic facts

A. Inheritance Relations E married with F on March 10, 1945, had Defendant D and Plaintiff A as their children, and had a divorce on September 25, 1958 with F on September 25, 1958, and married with G on October 2, 1958, had Plaintiff B and Defendant C as their children.

G died on May 15, 1993, and E died on April 10, 2016, and E’s heir is the Plaintiffs, children, and the Defendants.

B. On April 1981, 1981, E donated KRW 10,00,00 to Plaintiff A with a decentralization fund. 2) On August 26, 2011, E donated each of the land listed in paragraph 1 of the attached Table and the buildings listed in Paragraph 2 of the attached Table to Defendant C, and completed the registration of ownership transfer to Defendant C on August 29, 201. On November 1, 2011, E donated each of the buildings listed in Paragraph 3 of the attached Table and Paragraph 4 of the attached Table to Defendant D, and completed the registration of ownership transfer to Defendant D on the same day.

C. Defendant C, in the name of Defendant C on December 27, 198, completed the registration of ownership transfer on October 17, 198 with respect to the apartment as stated in paragraph (5) of the attached Table No. 5 on December 27, 198, and sold to H and I on March 17, 2015 each share of KRW 953,00,000.

At the time of death of inherited property and inheritance obligation E, there was no inherited property and inheritance obligation.

【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 6, 12 (if there are virtual numbers, including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Summary of the parties' arguments;

A. The plaintiffs' assertion E donated each real estate listed in the separate sheet, its own ownership, to the defendants before their death, and E did not have inherited property at the time of their death.

Therefore, since the legal reserve of inheritance of the plaintiffs, the heir of E, was infringed due to each gift to the defendants of E, the defendants are obligated to return each legal reserve of inheritance infringed upon by the plaintiffs.

B. Around 1981, Plaintiff A received KRW 30,000,000 from E and G with funding, and Plaintiff B received KRW 1 from E.