(영문) 서울북부지방법원 2019.01.17 2017가합20849

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(영문) 서울북부지방법원 2019.01.17 2017가합20849

유류분

Text

1. As to the Plaintiff B’s KRW 209,157,642, Defendant A, C, and D respectively, KRW 279,157,642 and each of the said money.

Reasons

1. Basic facts

A. The Plaintiffs and the Defendant are children of the deceased F (Death on November 25, 2016, hereinafter “the deceased”).

B. It is not revealed that it is positive and passive inherited property at the time of the deceased’s death.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 (including additional number; hereinafter the same shall apply), purport of whole pleadings

2. The plaintiffs' assertion

A. The Plaintiff A donated each of the deposits in the separate sheet, each of the deposit claims in the separate sheet, and each of the withdrawals in the separate sheet, to the Defendant, and the Plaintiff A did not have any property inherited from the Deceased.

As a result, since the defendant infringed the plaintiff A's legal reserve of inheritance, the defendant is liable to pay the plaintiff A's legal reserve of inheritance amounting to KRW 460,479,884 [the total amount of each deposit claim of KRW 4,174,638,80 in the attached list of deposit claims in attached Form 13,27,207 (total amount of KRW 296,882,836 in the attached list of deposit claims in attached Form 13,27,207) x 1/10 of legal reserve of inheritance and delay damages.]

B. The donation to the Defendant of the deceased on the real estate stated in Paragraph 2 of the attached list of the real estate in the attached list No. 2 of the Plaintiff B, C, and D1’s primary purport is not based on the deceased’s actual intent, but is null and void by the Defendant’s use of the aggravated state of the deceased’

Therefore, the above real estate shall be inherited according to the shares of the plaintiffs and the defendant. Since the defendant has already received inheritance more than his share of inheritance due to each real estate listed in the list of real estate in attached Forms 1, 3, and 4, the above real estate shall be inherited to the plaintiffs who did not receive inheritance from the deceased.

Plaintiff

B Considering the amount of KRW 70,000,000,000 donated by the deceased, the portion inherited by the Plaintiff B among the real estate listed in paragraph 2 of the attached Table of Real Estate Claim No. 864,959,768/3,669,839,072 shares, and the portion inherited by the Plaintiff C and D, shall be the attached

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