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(영문) 대법원 2016.07.29 2014다215512
유류분반환청구의 소
Text

All appeals are dismissed.

The costs of appeal are assessed against the Defendants.

Reasons

The grounds of appeal are examined.

1. As to the ground of appeal No. 1, the lower court, on the grounds as indicated in its reasoning, determined that the deceased was a person entitled to legal reserve of inheritance as a legal heir of the deceased, on the ground that it is reasonable to view that the deceased had the intent to adopt the plaintiffs and accompanied by his/her personal living record based on his/her status and thus his/her relationship was formed

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, it did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles

2. Regarding ground of appeal No. 2

A. As a matter of principle, a donation to a third party who is not a co-inheritors may be filed only when it was performed one year prior to the commencement of the inheritance. However, when both parties knew that it would inflict damages on the person with the right to the legal reserve at the time of the donation, a claim for the return of the legal reserve of inheritance is allowed even if it was made one year prior to the commencement

In a case where lineal descendants with half the statutory inheritance at the time of donation are expected to return as co-inheritors, in order to view that the third party’s donation was made with knowledge that the value of the donated property at the time of donation exceeds the value of the remaining property, as well as the situation where both parties predicted that the value of the donated property would not exceed the value of the donated property at the time of donation, and the circumstance where both parties predicted that the donation would not increase the property of the inheritee until the commencement of inheritance in the future, and the recognition of damages between the parties should be determined at the time of donation.

(See Supreme Court Decision 2010Da50809 Decided May 24, 2012). Meanwhile, the exercise of the right to claim the return of legal reserve of inheritance by exercising the right to claim the return of legal reserve of inheritance.

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