logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2015.08.27 2014가합1663
유류분반환 등
Text

1.(a)

Defendant C shall pay Plaintiff A KRW 804,688, KRW 744,153, and each of the said money to Plaintiff B from March 1, 2014 to March 1, 2015.

Reasons

1. Basic facts

A. The F (hereinafter “the deceased”) died on August 13, 2012, and the inheritors are Nonparty G, Defendant C, and the deceased’s incidental children.

Defendant D is the wife of Defendant C, and Defendant E and Nonparty H are the children of Defendant C.

B. At the time of the deceased’s death, active inherited property had a 1,760m2 (hereinafter “Ycheon-si”) and a 401m2 (hereinafter “Tgu land”) prior to J in Daegu-gu, Daegu-gu, and there was no inheritance obligation.

C. As to the land in Yongcheon and Daegu, the registration of ownership transfer was completed in the middle of the non-party G on the ground of inheritance by agreement division.

After that, on August 20, 2012, Daegu land was sold to Nonparty K in the amount of KRW 110 million in the purchase price on August 20, 2012, and the registration of ownership transfer was completed on the 30th day of the same month.

Upon consultation between the Plaintiffs, Nonparty G, and Defendant C, KRW 40 million out of the purchase price of Daegu land KRW 110 million, which was KRW 10 million, was distributed to Nonparty G, KRW 30 million to Defendant C, and KRW 20 million out of the remainder to the Plaintiffs respectively.

Although the Defendants asserted that Nonparty G was allocated KRW 50 million to Defendant C, the Defendants asserted that KRW 20 million was distributed to Defendant C, according to the entries in the evidence No. 2, the payment of KRW 40 million was recognized. Therefore, the Defendants’ assertion is difficult to accept.

In addition, the Defendants asserted that Defendant C used the amount of KRW 10 million out of the amount of KRW 20 million distributed to Defendant C for the payment of taxes, such as capital gains tax following the sale of Daegu Land, but there is no evidence to acknowledge it.

Legal shares of the plaintiffs, non-party G, and defendant C are 1/4, respectively.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-3, Gap evidence 2, Gap evidence 5-1 and 5-2, the purport of the whole pleadings

2. On December 17, 2012, the Defendants agreed to consult on the division of inherited property and not to raise any objection against the future inheritance issues. The Defendants agreed to do so.

arrow