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Reasons
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(영문) 서울고등법원 (춘천) 2018.10.17 2017나1016
유류분반환 등 청구
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1. Of the judgment of the first instance, part of the primary claim against Defendant C includes a claim reduced by this court.

Reasons

1. Basic facts

A. The Plaintiff and the Defendants are children of the network D (hereinafter “the network”).

B. On January 24, 2013, the Deceased died, and on February 19, 2013, the Plaintiff filed a claim against the Defendants for adjudication on the division of inherited property (2013Rahap4, hereinafter “division of Inherited Property”).

C. On October 11, 2013, real estate and cash listed in the separate sheet No. 1, 2013, were owned by the Plaintiff and the Defendants respectively, and real estate and cash listed in the separate sheet No. 2, owned by the Plaintiff, and real estate listed in the separate sheet No. 3, owned by the Defendant B, and the real estate listed in the separate sheet No. 4 was divided into ownership owned by the Defendant C (hereinafter “instant adjustment”).

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1-5, Eul evidence 1-2, Eul evidence 3-1 and Eul evidence 3-2, the purport of the whole pleadings

2. The plaintiff's assertion

A. On January 11, 2013, Defendant C voluntarily withdrawn KRW 150 million from the deceased’s F bank account. (2) At the time of the death, the Deceased had a loan claim of KRW 100 million against G and H, and Defendant C received KRW 250 million in total from G and H, after the deceased’s death.

3) Accordingly, Defendant C violated the Plaintiff’s inheritance right regarding the sum of KRW 43 billion (i.e., KRW 150 million). As such, the Defendants are jointly and severally obligated to pay to the Plaintiff the amount of KRW 134,333,333 (i.e., KRW 403,00 x the Plaintiff’s statutory inheritance x 1/3 of the Plaintiff’s statutory inheritance x 1/3) and damages for delay. (ii) The Defendants additionally inherited the amount of KRW 1,975,02,224, other than the deceased’s inherited property, which was subject to division in the case of inherited property division.

2) Since the Plaintiff’s entitlement to legal reserve of inheritance was infringed, the Defendants jointly and severally returned to the Plaintiff the legal reserve of inheritance amounting to KRW 204,170,370 (=(1,975,02,224 - 750,000,000 for which the extinctive prescription has expired).

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