(영문) 수원지방법원 2019.04.12 2017나14939

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(영문) 수원지방법원 2019.04.12 2017나14939

유류분반환

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1.The judgment of the first instance, including a claim modified and expanded in the trial, shall be modified as follows:

Defendant.

Reasons

1. Basic facts

A. The deceased’s death and the deceased’s heir D (hereinafter “the deceased”) married with K, and the Plaintiff, Defendant B, and E were their children. The deceased died on October 6, 2014, and K died prior to the death.

B. No inherited property shall be inherited at the time of the deceased’s death.

C. On January 9, 2013, the Deceased’s pre-donation 1) The Deceased’s share in 2/3 of the deceased’s share in each real estate listed in the attached Tables 2 and 3 to Defendant C, who is the children of Defendant B, among the real estate listed in the attached Tables 2 and 3 (hereinafter “each of the instant real estate”).

(2) On January 17, 2013, the deceased donated the real estate listed in paragraph (1) of the attached Table (hereinafter “instant real estate”) to Defendant B on January 17, 2013, and completed the registration of transfer of ownership on the said real estate under Defendant C’s name on the 22th day of the same month, and completed the registration of transfer based on donation under Defendant B’s name on the said real estate.

3) The value of the real estate No. 1 at the time of commencing the inheritance of this case is KRW 181,020,00, the value of the real estate No. 2 at the time of the commencement of the inheritance of this case is KRW 128,825,70 [= KRW 193,238,50 x 2/3 equity 】 The value of the real estate No. 3 at the time of the commencement of the inheritance of this case is KRW 65,928,73 [= KRW 928,733 x 98,893,100 x 2/3 equity x 2/3 equity]. 【The fact that there is no dispute with the recognition of the ground of the inheritance of this case, evidence No. 1 through 6

2. The gist of the Plaintiff’s assertion was that the deceased’s birth of each of the instant real estate was infringed upon the Plaintiff’s legal reserve of inheritance. As such, the Defendants are obliged to return the shortage of the Plaintiff’s legal reserve of inheritance within the scope of special profits exceeding the Plaintiff

3. Occurrence of claims for return of legal reserve of inheritance;

(a) The calculation method of shortage in legal reserve of inheritance shall be calculated by adding the value of the donated property at the time of the commencement of inheritance to the value of the property owned by the decedent, and deducting the total

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