(영문) 서울동부지방법원 2017.02.09 2015가합102321

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(영문) 서울동부지방법원 2017.02.09 2015가합102321

유류분반환청구

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1. The Defendant: 69,609,344 won to Plaintiff A and 5% per annum from December 13, 2016 to February 9, 2017.

Reasons

1. Facts of recognition;

A. D died on July 22, 2014

(hereinafter referred to as “the deceased”). (b)

As the inheritor of the deceased, there are the plaintiffs, the defendants, E, and F, who are the children of the deceased.

C. On January 6, 2015, F transferred 1/2 of the claim for the return of legal reserve of inheritance against the deceased’s inherited property to A, and 1/2 to the Plaintiff, respectively.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 14 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The Plaintiffs asserted that the deceased donated the Defendant, before his death, KRW 278m2, H miscellaneous land in Gangnam-gu Seoul Metropolitan City and KRW 469m2,063,390 in cash and KRW 882,063,390 in cash. Accordingly, the Plaintiffs and F’ legal reserve of inheritance was infringed. The Defendant is obligated to pay each of the Plaintiffs 216,465,856 won in short of legal reserve of inheritance (27,768,152 won in short of legal reserve of inheritance of KRW 188,69,70 in total).

3. Determination

A. 1) Determination criteria for the right to claim the return of the legal reserve of inheritance are that whether the right to claim the return of the legal reserve of inheritance is exercised is a right entirely entrusted to his free decision-making for personal interests of the person entitled to the legal reserve of inheritance. However, the right to claim the return of the legal reserve of inheritance of the deceased does not have the continuity of trust on the part of the deceased (see, e.g., Supreme Court Decision 2012Da80200, Apr. 25, 2013). 2) The plaintiffs can claim the return of the legal reserve of inheritance to the extent of the shortage if there is a shortage in the legal reserve of inheritance due to the deceased's donation to the defendant as the heir of the deceased, and if there is a shortage in the legal reserve of inheritance of F due to the deceased's donation to the defendant of the deceased, the right to claim the return of the legal reserve of inheritance of the deceased to the extent of the shortage.

B. 1) Co-inheritors are different from those of the inheritee.

유사 판례

-서울고등법원 2017.01.20 2016나2046015

-수원지방법원 안양지원 2017.01.12 2016가합102356

-서울중앙지방법원 2016.07.27 2015가합17994

-수원지방법원 안양지원 2017.01.12 2016가합100909

-서울중앙지방법원 2017.03.28 2014가합592177