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(영문) 서울서부지방법원 2018.04.26 2016가단30855
유류분 청구
Text

1. The Defendant’s KRW 125,370,734 as well as 5% per annum from December 6, 2016 to April 26, 2018, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. The deceased Non-Party C (hereinafter “the deceased”) died on November 4, 2015, and the deceased’s heir is five children of the Plaintiff, Defendant, Non-Party D, E, and F, and each share of inheritance is 1/5.

(Plaintiffs were born in 1951, the defendant was the 1955 student, and the plaintiff was the defendant).

The deceased who acquired G real estate through legacy owned the real estate listed in the attached Form (hereinafter referred to as “G real estate”) at the time of his/her death, but the Defendant completed the registration of ownership transfer on November 27, 2015, which was subsequent to the death of the deceased, based on testamentary gift on November 4, 2015.

[Ground of recognition] Evidence Nos. 1 through 3, and facts without dispute

2. Judgment on the claim for restitution of legal reserve of inheritance

A. Article 1113(1) of the Civil Act provides, “The legal reserve of inheritance shall be calculated by adding the value of the property owned by the inheritee at the time of the commencement of inheritance to the value of the property owned by the inheritee and deducting the total amount of the debt,” and first of all, regarding the basic property for calculating

B. Basic property in calculating legal reserve of inheritance is calculated by adding the value of donated property to the value of the property at the time of the commencement of inheritance as above. If there is a person among co-inheritors who has made special profits from his/her property by means of a biological donation from the inheritee, the application of Article 1114 of the Civil Act is excluded, and the donation is included in basic property for calculating legal reserve of inheritance regardless of whether it had been prior to the commencement of inheritance one year, and whether both parties knew that damage would be inflicted on the property. The value of donated property, which is the basis of calculating legal reserve of inheritance of inheritance, should be calculated as at

(see, e.g., Supreme Court Decision 95Da17885, Feb. 9, 1996). We examine the property that can be included in the underlying property in calculating legal reserve of inheritance.

1. The defendant's property owned by the defendant is a testamentary gift.

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