(영문) 서울남부지방법원 2019.07.16 2018가단230056

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2019.07.16 2018가단230056

유류분반환 청구의 소

Text

1. The Defendant: (a) KRW 9,531,637, respectively, and KRW 5% per annum from November 3, 2018 to July 16, 2019, respectively, to the Plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs are children between the deceased D (hereinafter “the deceased”) and E, and the defendant is the wife of the deceased who married on November 9, 2004 after the deceased married together with E.

B. The Deceased donated KRW 50,470,000 to the Defendant on June 12, 2008, and KRW 50,470,000 from January 15, 2009 to January 19, 200.

C. The Deceased died on February 19, 2018.

At the time of the deceased’s death, deposit KRW 12,786,459 was made to the deceased, and local tax of KRW 8,220,000 was delinquent.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 10, purport of the whole pleadings

2. Determination

A. Article 1113(1) of the Civil Act provides, “In calculating shortage in the legal reserve of inheritance, the legal reserve of inheritance shall be calculated by adding the value of the property owned by the person entitled to the legal reserve of inheritance to the value of the property at the time of the commencement of inheritance, and deducting the total amount of the debt.” However, shortage in the legal reserve of inheritance = [the amount of property that forms the basis for the calculation of the legal reserve of inheritance 】 the special profit (C) of the person entitled to the legal reserve of inheritance 】 The value of the property actively donated at the time of the commencement of inheritance - The amount of inheritance - the amount of inheritance - the amount of inheritance - the amount of positive property acquired by the person entitled to the legal reserve of inheritance - the amount of inheritance - the amount of the property acquired by the person entitled to the legal reserve of inheritance - the specific method of calculating the amount of inheritance share - the

B. 1) The active property at the time of commencing the inheritance is 12,786,459 won, which is the basis for calculating the legal reserve of inheritance.

B. If the donated property, which is the basis of calculating the legal reserve of inheritance, is money, it is reasonable to convert the donated amount into the monetary value at the time of commencing the inheritance and to regard it as the value of the donated property. Such conversion of monetary value is to be calculated by reflecting the price fluctuation rate from the time of donation to the time of commencing the inheritance

참조조문

-민법 제1113조 제1항

유사 판례

-의정부지방법원 고양지원 2018.06.01 2016가단88229

-서울동부지방법원 2014.03.19 2010가합12232

-창원지방법원마산지원 2015.07.09 2013가단14456

-의정부지방법원 고양지원 2018.11.30 2016가단85183

-전주지방법원 2015.07.15 2012가합5888