(영문) 서울가정법원 2017.5.1.자 2015느합30335 심판

1. The contributory portion of the other party to the inherited property of the deceased E (49****** -2******)’s entitlement to the contributory portion of the other party to the inherited property of the deceased (person who has filed an anti-appeal, on the part of the anti-trial) and the other party (person who has filed an anti-appeal, and on the part of the other party) C shall be set at 40%, respectively.

2. The real estate listed in Attachment 1 List No. 1 List No. 2 and C are owned by the other party (person who has filed a counterclaim and person who has filed a counterclaim) and 1/2 shares. The real estate listed in Schedule No. 1 List No. 2 and the deposit claims listed in Schedule No. 3 are owned by the claimant (party who has filed a counterclaim) and the obligation listed in Schedule No. 2 List No. 1 List No. 2 shall be divided into the other party (party

3. The other party(s) C shall pay to the claimant(s) 3,892,354 won, to the other party(s) B (s) 70,765,545 won, to the other party(s) 14, 576,554 won, and to the other party(s) 14, 576, 554 won, and 5% interest per annum from the day following the day this judgment becomes final to the day of full payment.

4. The costs of this trial and the costs of a review shall be borne respectively by each person.

Purport of claim

In this trial: Other party (the other party, the other party, the other party, the other party, the hereinafter referred to as the "party") B shall be the claimant.

(hereinafter referred to as the "Claimant") out of the real estate listed in attached Table 1 Schedule 1 paragraph (1).

1 / At the same time taking over the registration procedure for transfer of ownership as a result of division of inherited property with respect to shares

Claimant 141, 666, 666 won shall be paid to the Claimant. The action of the Claimant shall be

of this chapter.

Anti-Adjudication (2016-Shap29): deceased E (49******* 2*******; hereinafter referred to as "the decedent")

The contributory portion of the other party B with respect to the property shall be 50%.

An anti-adjudication (2016 Mahap30): Other Party C’s contributory portion in respect of the inherited property of the inheritee, 246, 300, 000

shall be determined by the Board.

Reasons

1. The confirmation of the inheritor and statutory inheritance shares;

(a) The date of death of an inheritee: May 10, 2010;

B. A spouse’s family relationship 1). The other party is a lineal descendant of the claimant (Marriage. 2, 1975): the other party. The other party shall be the heir, who is the spouse of the deceased who is the spouse of the deceased who is the spouse of the deceased who is the spouse of the statutory inheritance, and the statutory inheritance portion shall constitute 3/9 shares, and the other party shall constitute 2/9 shares, respectively.

[Grounds for Recognition] Facts without dispute, Gap evidence 1, 2, 3, and 10 (including branch numbers), the purport of the whole examination

2. Scope of inherited property subject to division;

A. The following assets held by the decedent at the time of the death of the inherited property subject to division are inherited property and subject to division in this case. Meanwhile, in principle, in a case where the content of performance, such as monetary obligation, is jointly inherited property, this is naturally divided and reverted to co-inheritors according to statutory inheritance at the time of commencement of inheritance, and thus, it is not likely that the inherited property becomes subject to division of inherited property. However, the inherited property of this case is a lease deposit repayment obligation for the real estate listed in attached Table 1 Paragraph (1), and where the real estate listed in attached Table 1 Paragraph (1) is divided into part of the inheritor, the above real estate obligation is deemed to be practically responsible for the owner, and the other party wishes to include inheritance obligations and deposit claims, etc. in the divided property to resolve disputes on a large scale, and the claimant does not express his/her opinion on the division of inheritance obligations and deposit claims.

B. Determination of the assertion on the deduction of inheritance expenses

1) The claimant asserts that the amount equivalent to the above cost should be considered inasmuch as the applicant paid KRW 11,641,030 to the registration tax and the fees for certified judicial scrivener in the process of making registration of inheritance of the real estate listed in attached Table 1 List 1.

The claimant B and C asserts that expenses, such as acquisition tax, for an inherited property, for an individual right included in the inherited property, shall not be considered as expenses for the management of the inherited property, but shall be borne by the heir who acquires such right. Thus, this part of the claimant’s assertion is without merit. The other party B and C asserts that from inherited property, funeral expenses for the deceased and expenses for the funeral of the deceased, KRW 8,687, 100, and KRW 15,829,00 should be deducted from inherited property.

The expenses for inheritance are to be paid out of the inherited property (Article 998-2 of the Civil Act), and the expenses for inheritance refers to the expenses necessary for the management and liquidation of inherited property. If funeral expenses are within the reasonable amount in light of the social status and customs of the decedent or the heir, etc. of the purpose of funeral expenses, the inheritance expenses shall be deemed to be the expenses (see Supreme Court Decision 2003Da30968, Nov. 14, 2003). In light of social norms and customs, cemetery usage fees, graveyard management expenses, equipment, tombstones, and stonestones shall be deemed to constitute funeral expenses.

According to the overall purport of the statement and examination of evidence Nos. 6 and 7 as to this case, other Party B and C paid 24,516,100 won ( = 8,687,100 won + 10,560,560 won + 5,214,000 won + 55,000 won + 5,214,000 won + 55,000 won) for funeral expenses, although it is deemed that the other party B and C did not submit any material about the portion of the funeral which was entered at the time of funeral, and it is not clear whether the other party B and C paid the funeral expenses. Thus, since it is difficult to view that the other party B and C paid the funeral expenses in excess of the funeral expenses due to their inherent property, the other party B and C’s assertion in this part of this case is without merit.

3. Determination as to the claim for the contributory portion by other party B and C

A. Legal principles as to the contributory portion

The entitlement to a contributory portion system prescribed in Article 1008-2 of the Civil Act intends to promote the substantial fairness among co-inheritors by considering the calculation of the entitlement to a contributory portion in cases where a person specially supported an inheritee or specially contributed to the maintenance or increase of the inheritee’s property among co-inheritors. Therefore, in order to recognize a entitlement to a contributory portion, it should be recognized that the co-inheritors specially supported the inheritee or specially contributed to the maintenance or increase of the inheritee’s property, as long as it is necessary to adjust

B. Determination as to the other party B’s claim for contributory portion

The other party B shall have resided in one house with the decedent for about 15 years from the adult to the death of the decedent, support the decedent and have a long-term decedent, such as supporting and nursing the decedent.

As a result, it is reasonable to view that there was a special contribution to the maintenance or increase of the inheritee’s property, and the other party B’s contributory portion should be set at 50%.

Comprehensively taking account of the overall contents of evidence Nos. 1, 9, 10, 12 (including branch numbers), and evidence Nos. 1, 12, and 1 and the purport of the examination, the inheritee was separated from the claimant since 1982; the claimant operated the factory and did not provide the inheritee with any child support or living expenses; and the inheritee transferred the factory to the inheritee or the other party without any contact and made it impossible for the inheritee to know his/her whereabouts; the claimant filed a lawsuit of divorce against the inheritee, but was dismissed on the ground of his/her responsible spouse; the claimant did not appear particularly at the time of the inheritee’s living or funeral; the respondent paid the inheritee an amount equivalent to KRW 700,000 from Oct. 10, 202 to the inheritee’s living expenses; B paid the inheritee’s money to the inheritee’s head of the house and the other party’s funeral expenses to whom the inheritee directly concluded the lease agreement with the inheritee’s head of the house and the other party’s funeral expenses.

Furthermore, considering the various circumstances revealed in the instant hearing, such as the value of inherited property and the method and degree of contribution, it is reasonable to set the amount of the other party B’s contributory portion to 40%.

C. Determination on the other party C’s claim for contributory portion

The other party C asserts that it is reasonable to determine the amount of the other party C’s contributory portion for the property of the inheritee as KRW 24,630,00, because the other party C has contributed specially to supporting the inheritee and forming and maintaining the property of the inheritee.

According to the overall purport of the statement and examination by Eul, Eul, Eul, Eul, and Eul, Eul, as well as Eul's evidence of 1,11,12 (including branches), and Eul, the decedent was living separately from the claimant since 1982; the claimant operated a factory and did not provide the decedent with any child support or living expenses; the decedent transferred his/her factory several times to the decedent or the other party without any contact; the claimant filed a lawsuit of divorce against the decedent, but was dismissed on the ground that he/she was his/her responsible spouse; the claimant did not appear at the time of the decedent's living or his/her funeral ceremony; Eul transferred 100,000 won to the decedent from March 2, 2003 to June 2006, and 10,0000 won was paid by the decedent to the other decedent and 208,000 won, which were expected to have been provided by the decedent to the other decedent.

Furthermore, considering the various circumstances revealed in the instant hearing, such as the value of inherited property and the method and degree of contribution, it is reasonable to determine the other party C’s contributory portion by 40%.

4. Calculation of specific shares in inheritance;

A. Deemed inherited property = Inherited property - contributory portion + Special benefit (in this case, special benefit between the claimant and the other party is not recognized)

B. 1) Legal share of inheritance = Aggregate of deemed inherited property 】 Each statutory share of inheritance by heir 2) = Amount of statutory share of inheritance by heir ＋ Shares of specific share of inheritance by heir 3) = Specific share of inheritance by heir by each heir (a minority number of shares of inheritance by heir 3) = Specific share of inheritance by each heir: Total specific share of inheritance by heir: 5. Method of division of inherited property by inheritance by inheritance by inheritance as a total of specific shares

(a) Method of partition;

The real estate listed in Section B, C, and Section B, listed in Section 1, listed in Section B, Section C, and Section B, as the claimant wishes to own the real estate by himself, and Section B, Section B, and Section C want to own the deposit claims listed in Section 3, listed in Schedule 1, and Section B, the other party D does not state any special opinion as to the division of the inherited property, and Section B does not state any special opinion as to the division of the inherited property; Section B, including the claimant, is in 00, the claimant is residing in Section B, Section C is likely to cause difficulties in exercising the other party’s ownership; Section B or C owns the real estate listed in Schedule 1, Section 1, the difference between the claimant and the other party shall be settled in cash. Since the amount is not so large, the other party’s claim or the other party D may terminate the dispute on a one-time basis, Section B, the other party’s share in the attached Table 1, Section 1, Section 2, and Section 31, and Section 2, the other party’s share in cash account.

(b) The value of the inherited property that serves as the basis for cash division and the value of the inherited property that serves as the basis for such division shall be divided into inherited property to the inheritor in kind and the value of the inherited property that serves as the basis for the settlement of the remaining amount in cash is to be calculated as the value of the inherited property that is close to the time the adjudication is concluded. As such, the value of the inherited property that belongs to the specific inherited property of the inheritor is to be the value of the inherited property at the time the adjudication is completed: 327,972,477 won: the value of the inherited property at the time of the completion of the examination: 21,864,831 won ( = 327,972,477 x 06667 x 0.6667 x less than won): B: 145,765,545 won ( = 327,972,477 x 44445 won)

C) Other Party C: 145,765,545 won ( = 327,972, 477 x 0.4444 x less than KRW 4446,54 won ( = 327,972,477 x 04443 x 044443 x 0.0445 - The amount calculated by deducting the amount of division of the obligation to return the lease deposit 5) : 3,892,354 won = 21,864, 831 - [1] 8,491, 945 - [1] 14, 205 - Of those stated in [1] list of real estate - [2] 50, 305 won as of the date of entry in [1] list of real estate - [2] 50,305 won as of the date of entry in [1] list of real estate - 1) -350, 57545

D) Other D: 14,576,554 won

C. Sub-decision

Therefore, the other party B and C shall own 1/2 shares of each of the real estate listed in the separate sheet No. 1 list No. 2, the real estate listed in the separate sheet No. 2, the deposit claims listed in the separate sheet No. 3, etc. are owned by the claimant, and the other party B shall bear the obligations listed in the separate sheet No. 2 list No. 3,892,354, and the other party B shall pay damages for delay at the rate of 5% per annum as stipulated in the Civil Act from the day following the date this judgment becomes final to the date of full payment.

6. Conclusion

If so, the court shall judge the claim for division of the inherited property of this case and the claim for the contributory portion as above.