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(영문) 부산지방법원 2020.09.08 2019가단321463
유류분반환 청구의 소
Text

Defendant E is 5% per annum from July 2, 2018 to June 24, 2020 with respect to each of the above amounts of KRW 8,902,596 to the Plaintiffs.

Reasons

1. Basic facts

A. The deceased G (hereinafter “the decedent”) died on July 1, 2018, and his heir had the Plaintiffs, who are his wife H and son, as his wife, and the inheritance portion of the Plaintiffs and Defendant E is 2/13, respectively, and Defendant F is Defendant E’s wife.

B. At the time of commencing the inheritance, there were real estate and financial assets, such as the list of the public property and the list of the financial property, as indicated below, at the time of the commencement of the inheritance, and the total market value thereof is KRW 1,409,516,235 (=1,403,480,430 won).

The Plaintiffs filed a claim against H and Defendant E for the adjudication on the division of inherited property (hereinafter “instant adjudication on division of inherited property”) with the Busan Family Court Decision 2018Dhap2018. In the said lawsuit, the Plaintiffs divided the following real estate into shares with H 3/11 shares, and shares with shares of 2/11 shares, respectively.

Part I J K L L M M O O [based ground for recognition] No dispute, Gap evidence 1, Gap evidence 3, Gap evidence 5, Gap evidence 6, Gap evidence 11 through Gap evidence 13 (if any, including each number number), the purport of the whole pleadings and arguments.

2. The plaintiffs' claim

A. Defendant E received all the real estate recorded in the list of the attached property from the decedent, and this should be the basis for calculating the legal reserve of inheritance in view of Defendant E’s special benefit. Based on this, Defendant E is liable to pay the Plaintiffs the above KRW 8,902,596 and the delay damages therefrom, as it calculates shortage of legal reserve of inheritance infringed upon by the Plaintiffs.

B. Each real estate listed in the list of ancillary donated property Nos. 1, 4, and 5 is the real estate donated by Defendant E to the decedent, and each real estate listed in the table Nos. 2 and 3 is the real estate donated by Defendant F, this would have led to the Defendants’ special profits. Therefore, each of the above real estate should be the basis for calculating legal reserve of inheritance.

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