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(영문) 수원지방법원평택지원 2017.09.26 2016가단44801
유류분반환
Text

1. The defendant shall pay to the plaintiff A, B, C, and D KRW 16,985,83, respectively, and each of them shall be from the day following the date the judgment in this case becomes final and conclusive.

Reasons

1. Since the plaintiffs' assertion was infringed upon the plaintiffs' legal reserve of inheritance due to the plaintiff's donation of each real estate listed in the separate sheet from the deceased G (hereinafter "the deceased"), the plaintiffs shall claim for the return of legal reserve of inheritance to the defendant 46,415,750 won and delay damages equivalent to 1/12 of the total market value of each real estate listed in the separate sheet or 1/12 of the total market value of each real estate listed in the separate sheet.

2. In full view of the facts that there is no dispute as to whether the real estate listed in the separate sheet 2 through 4 falls under inherited property, and the purport of the entire pleadings in the separate sheet 2 and 3 (including the provisional number) as to the real estate listed in the separate sheet 2 and 3, which was registered as the deceased on December 6, 1997, the registration of ownership transfer has been completed on the ground of donation on December 9, 1997. The fact that the ownership transfer registration was completed on April 23, 198 as to the real estate listed in the separate sheet 4, which was registered as the deceased on April 20, 198, was completed on April 23, 198. Accordingly, the defendant asserted that the real estate listed in the separate sheet 2 and 3, which was purchased from H, was returned to the defendant's name after completing the registration of ownership transfer under the name of the deceased, and that it does not constitute a special gift of the deceased.

Article 108 of the Civil Act provides that, in cases where there are special beneficiaries among co-inheritors who receive a donation of property or testamentary gift to an inheritee among co-inheritors, the said purport is to treat the evidentiary property as the advance payment of the inherited portion in order to ensure the equitableness among co-inheritors, and to take this into account when calculating the specific inherited portion, and it cannot be seen as the advance payment of the inherited portion.

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