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(영문) 부산지방법원동부지원 2017.10.31 2016가단217156
유류분반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C and D had the plaintiff, E and the defendant under their chain as the married couple reported on September 11, 1962.

B. The Defendant, D, February 5, 2016, donated KRW 100 million to the Defendant, and C, February 11, 2016, respectively.

C. D died on March 7, 2016, and C on March 29, 2016, respectively.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserts that the Defendant is obligated to pay damages for delay from March 30, 2016 to the legal reserve of KRW 16,66,666,66, which is the legal reserve of KRW 33,333,33 of the aggregate of KRW 200 million donated by C and D (i.e., KRW 200 million x KRW 1/66,000) and KRW 16,666 of the legal reserve of KRW 100,000,000,000,0000,000 won donated by C, and KRW 16,666,666,00,000,000,000,000 won

B. In full view of the purport of the argument in the evidence Nos. 2, the Defendant sought reimbursement of KRW 33,33,333 of legal reserve of inheritance and delay damages therefor, but the Plaintiff refused such reimbursement. Accordingly, the Defendant’s deposit of KRW 35,468,170 in excess of the annual rate of KRW 5% as prescribed by the Civil Act from March 30, 2016 to February 23, 2017 with the Plaintiff as the depositee on February 23, 2017 with the Seoul Northern District Court No. 862, KRW 333,333,333 and KRW 16,66 as to KRW 16,66 as to KRW 16 from February 8, 2016 to KRW 16,66.

Therefore, since the defendant returned all the legal reserve of inheritance sought by the plaintiff in this case, the plaintiff's assertion is without merit.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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