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1. Defendant D’s each of the Plaintiffs’ KRW 24,61,853 as well as 5% per annum from July 11, 2018 to September 11, 2018.
Reasons
1. Basic facts
A. On July 17, 2017, Nonparty F related to the parties died and died on July 17, 2017 (hereinafter “the deceased”) and Defendant D and Nonparty G are co-inheritors, and Defendant E is Defendant D’s wife.
B. The deceased’s biological donation (1) the donation of the purchase price of H 3706 square meters in Yangsan-si, H 3706 square meters (hereinafter “H land”) was owned by the deceased, and the ownership was transferred to I on August 30, 200 due to the sale. The deceased around that time donated KRW 120 million out of the purchase price to Defendant D.
In addition, the Deceased donated KRW 80 million out of the above purchase price to Nonparty G.
(G) (B) Nonparty G was engaged in automobile sales and painting at the time of around 2000. However, when transferring the aforementioned business to Defendant D, Nonparty G was paid KRW 120 million at the time of the end of December 2000 and around January 2001.
Defendant D paid the money to Nonparty G with the money donated from the Deceased as above.
(C) The value of the money that the Deceased donated to Defendant D was calculated by using the Bank of Korea’s GDP display panel to calculate the monetary value at the time of inheritance commencement by using the Bank of Korea’s GDP display panel (i.e., KRW 168,353,800 (i.e., KRW 120 million) x 108.563/200 x 108.563/200 in 200, 77.382, 200
In calculating the amount of legal reserve of inheritance, the market price of the property donated to the person liable for return shall be calculated at the time of the commencement of the inheritance.
(See Supreme Court Decision 95Da17885 delivered on February 9, 1996, and Supreme Court Decision 2004Da51887 delivered on June 23, 2005, etc.). Therefore, if the donated property is money, it is reasonable to deem the donated amount to be the value of the donated property by converting it into the monetary value at the time of commencing the inheritance. Such conversion of monetary value from the time of donation to the time of commencing the inheritance is reasonable by reflecting the price fluctuation rate between the time of donation to the time of commencing the inheritance.
(Supreme Court Decision 2006Da28126 Decided July 23, 2009). In addition, the Deceased is a non-party.