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(영문) 부산지방법원 2016.06.23 2015가단225789
유류분 등 청구의 소
Text

1. The defendant,

A. As to KRW 51,857,142 among Plaintiff A and KRW 21,857,142 among them, the Plaintiff’s KRW 51,857,142 from September 4, 2015 to September 30, 2015.

Reasons

1. Judgment on the plaintiffs' claim for the return of legal reserve of inheritance

A. The facts of recognition (1) Plaintiff A and the deceased E (hereinafter “the deceased”) were legally married couple who completed the marriage report on June 30, 1982, and Plaintiff B and C as their children.

(2) On June 16, 2015, the Deceased died as Kamamam, and there was no active and negative property of the Deceased at the time.

(3) However, from Jun. 4, 2015, the deceased’s ordinary deposit account (F) to Busan City sibly deposited KRW 30,000,000 on June 4, 2015, and KRW 22,000,000 on the 5th day of the same month, respectively, to the Defendant. The deceased’s gravel branch deposit account (G) deposited KRW 50,000,000 on the 10th day of the same month into the check, and the said check was deposited in the Defendant’s Busan-dong post office deposit account (Account Number H).

[Ground of Recognition] Unsured Facts, Gap evidence Nos. 1 through 7 (including additional numbers), the result of the order to submit financial transaction information to the Director of Korea Post to the Director of this Court, the purport of the entire pleadings

B. The plaintiffs asserted that the defendant infringed the legal reserve of inheritance of KRW 102,00,000 by receiving a total of KRW 102,00,000 from the deceased, and that the defendant claimed against the defendant as shortage in legal reserve of inheritance the plaintiff A paid damages at the rate of KRW 21,857,142, the plaintiff Eul, Eul, and C respectively, and the damages for delay at the rate of 20% per annum from the day following the delivery of a copy of the complaint of this case to the day of complete payment.

C. (1) In light of the overall circumstances, such as the relationship between the deceased and the defendant, which were considered subsequent to the above facts of the obligation to return the legal reserve of inheritance (A) and the defendant, the defendant is presumed to have received a donation of KRW 102,000,000 from the deceased immediately before the death, barring any special circumstances.

(B) On August 2014, the Defendant decided to transfer the “Jju” located in Busan Dong-gu I, Busan, which he had operated, to K, as a national bank check issued by each K, the amount of KRW 20 million and KRW 55,000,000 for the premium, and the said check and cash total of KRW 5,000,000 for the premium, which are part of the premium, received in cash 80,000.

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