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(영문) 서울중앙지방법원 2018.10.11 2018가합542392
유류분반환
Text

1. The Defendant: (a) from June 13, 2018, to Plaintiff A, KRW 104,443,11, and each of the said money.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the statements in Gap evidence 1 to 5, 8, Eul evidence 4, 5, and 7 (including each number, if any; hereinafter the same shall apply) and the whole purport of the arguments entrusted to the appraiser E by this court for appraisal.

The deceased F (hereinafter referred to as “the deceased”) died on October 19, 2015, and the deceased’s heir is the non-party G, the children, and the non-party H, I, and J, the deceased’s spouse.

The defendant is a child of I and a grandchild of the deceased.

B. At the time of death, the Deceased had positive property of KRW 86,494,475, including deposit claims of KRW 15,534,200, KRW 15,534,200, KRW 55,713,600, the market price of KRW 55,713,600, and KRW 11,685,60, the market price of KRW 11,685,60, and KRW 3,561,075.

On the other hand, there is no inheritance obligation revealed at the time of death of the deceased.

C. On May 10, 2013, the Deceased donated each real estate listed in the separate sheet to the Defendant (hereinafter “instant real estate”) and completed the registration of ownership transfer on the said real estate to the Defendant on May 23, 2013.

The market value of the instant real estate as of October 19, 2015 is 1,161,438,300 won in total.

2. The summary of the plaintiffs' assertion that the deceased donated all of the instant real estate to the defendant who was the son before the birth, and the plaintiffs did not fully inherit the said real estate. As such, the defendant returned the legal reserve of inheritance to the plaintiffs as of February 19, 2018 according to the result of the commission of appraisal to appraiser E by the court of this case at the market price of KRW 1,382,232,200 as of each of the instant real estate as of February 19, 2018.

The plaintiffs claim that since H and J already received property exceeding the statutory inheritance portion among the successors, they should calculate the statutory inheritance portion except for their successors. However, the legal reserve of inheritance stipulated in Article 1112 of the Civil Code.

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