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(영문) 대구지방법원 2018.02.21 2017가단101826
유류분반환청구
Text

1. As to the shares of 26,162,104/656,282,50 among each real estate listed in the list of Defendant D and E (attached Form 1) to each Plaintiff.

Reasons

1. Basic facts

A. On January 13, 2016, the deceased on January 13, 2016, and his heir has four children, including the Plaintiffs, Nonparty G, and H.

B. G married with Defendant C, thereby having Defendant D and E as his child.

G and Defendant C divorced on June 13, 1991.

C. After G’s divorce, the deceased brought up Defendant D and E, who is a female, and continued to live together with the above Defendants, and received their support in old age.

On October 17, 2007, the Deceased donated 1/3 shares of each of the real estate listed in the list (attached Form 1) to Defendant D and E on October 17, 2007.

In addition, on April 24, 2013, the Deceased sold the remaining 1/3 shares of each of the instant real property to Defendant D and E in KRW 70,000,000.

Defendant D kept 61,00,000 won out of the above purchase price received by the Deceased, and used part of them as the hospital expenses of the Deceased.

E. At the time of death, the Deceased owned each real estate listed in the list (attached Form 2).

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 8 (including each number), the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion that the deceased donated 1/3 shares of each of the instant real estate to Defendant D and E was infringed upon the Plaintiffs’ legal reserve of inheritance, and that the sale of 1/3 shares of each of the instant real estate to Defendant C was practically a donation, and thus infringing on the Plaintiffs’ legal reserve of inheritance.

Therefore, the Defendants are obligated to return the shortage of legal reserve of inheritance to the Plaintiffs as stated in each of the above donations claims.

B. (1) A donation to a third party, who is not a co-inheritors, may, in principle, be claimed for forced inheritance only when it was performed one year prior to the commencement of the inheritance. However, if both parties knew that damage would be inflicted on the person entitled to forced inheritance at the time of donation, a claim for forced inheritance is filed one year prior to the commencement of the inheritance.

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