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(영문) 수원지방법원 2019.11.20 2019가단524835
유류분반환
Text

1. The Defendant’s KRW 11,33,33 of the Plaintiff and its related KRW 5% per annum from May 23, 2019 to November 20, 2019.

Reasons

1. Facts of recognition;

A. The deceased C (hereinafter “the Deceased”) died on March 18, 2019. The deceased’s heir is first the wife of the South-North net D, two children, Defendant B, and the South-North, who were women, and the deceased.

Accordingly, the legal portion of inheritance of the above inheritors is the plaintiff, the defendant 1/3, 3/21, 2/21, and 2/21, respectively.

B. From October 14, 2011 to April 30, 2018, the Deceased owned the Guro-gu Seoul apartment E Apartment F, but around April 2018, the Deceased sold the above apartment to KRW 280 million and donated KRW 278 million out of the price to the Defendant.

(C) each donation was made on April 13, 2018; 150 million won on April 30, 2018; and 100 million won on May 2, 2018.

After that, the Deceased decided to donate KRW 35 million to the Plaintiff, and returned KRW 15 million from the Defendant on October 1, 2018, and paid it to the Plaintiff on October 2, 2018, and the Defendant paid KRW 20 million to the Plaintiff on October 29, 2018.

There was no separate inherited property or inheritance obligation at the time of the death of the deceased.

2. According to the above facts of recognition, it is reasonable to view that the deceased donated 243 million won (278 million won - 35 million won) to the defendant before his birth, and that he donated 35 million won to the plaintiff.

(B) The Plaintiff, who received a return of part of KRW 278 million from the deceased’s first donation to the Defendant, and donated KRW 15 million to the Plaintiff, and the Defendant had the Plaintiff pay KRW 20 million directly to the Plaintiff. Therefore, it is reasonable to deem that the amount of the first donation to the Defendant was returned to the Plaintiff, and that the donation was reduced accordingly, and that the donation was made to the Plaintiff. While the Defendant asserted that the deceased donated G apartment to the Plaintiff at Silung-si around 1990, the above assertion is rejected as there is no evidence to acknowledge it.

Therefore, with respect to the death of the deceased, the basic property for calculating the legal reserve of inheritance is 278 million won, which is donated property (243 million won), and the amount of the plaintiff's legal reserve of inheritance is 46,33.

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