(영문) 인천지방법원 2015.07.01 2014가단58961

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(영문) 인천지방법원 2015.07.01 2014가단58961

유류분반환

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1. The Defendant’s KRW 14,44,43 with respect to the Plaintiff and KRW 5% per annum from November 5, 2014 to July 1, 2015.

Reasons

1. Basic facts

A. On September 10, 1972, the deceased C (hereinafter “the deceased”) got married with the Defendant and her children, and reported the Plaintiff and F as the son between the deceased and the Defendant, and died on July 18, 2014.

The defendant's shares in inheritance are 3/9, and the remaining inheritors, including the plaintiff, are 2/9.

B. On January 24, 2014, the Deceased donated the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the Defendant. At the time of the Deceased’s death, the market value of the said real estate is KRW 180,000,000.

C. At the time of the deceased’s death, there was no inheritance claim or inheritance obligation except KRW 40,000,000, as well as the obligation to return the lease deposit to the lessee G.

[Ground of recognition] The fact that there has been no dispute, Gap's 1 through 5 (if there are virtual numbers, including each number; hereinafter the same shall apply), Eul's 1 and 3, the purport of the whole pleadings and arguments

2. The plaintiff's assertion and the defendant are co-inheritors of the deceased, and the defendant, as the co-inheritors of the deceased, violated the plaintiff's legal reserve of inheritance by receiving a donation equivalent to KRW 200,000,000 from the deceased, and thus, the defendant is liable to pay to the plaintiff 22,222,222 won and delay damages equivalent to the plaintiff's legal reserve of inheritance.

3. Determination

A. According to the above facts, when there is a shortage of legal reserve of inheritance as a co-inheritors of the deceased’s right to claim the return of legal reserve of inheritance, when there is a shortage of legal reserve of inheritance as the deceased donated the real estate to the defendant who is another co-inheritors.

B. The amount of statutory reserve of inheritance for the person entitled to statutory reserve of inheritance is calculated by deducting the total amount of debts borne by the decedent at the time of the commencement of inheritance from the total value of the property that the decedent had at the time of the commencement of inheritance.

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