(영문) 서울중앙지방법원 2020.05.26 2019가단5005317

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(영문) 서울중앙지방법원 2020.05.26 2019가단5005317

유류분 청구

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1. The defendant's 30,294,589 won each of the plaintiffs and 5% per annum from February 14, 2019 to May 26, 2020.

Reasons

1. Basic facts

A. On April 1, 2010, the deceased E (hereinafter “the deceased”) received 1/2 shares of the attached list (hereinafter “the deceased’s share”) from the deceased’s net F, and entered into a contract to donate the deceased’s share to the Defendant on November 10, 2014, and completed the registration of ownership transfer on November 11, 2014 for the deceased’s share based on the said donation.

B. On December 27, 2016, H, the wife of the Deceased G, obtained the registration of ownership transfer from the Defendant on the deceased’s share on the grounds of sale on December 22, 2016.

C. On June 27, 2018, the deceased died, and seven children, including the Plaintiffs and the Defendant inherited the deceased’s property, and there was no property of the deceased at the time of inheritance.

C. Of the deceased’s children, I filed a lawsuit against the Defendant on the claim of forced inheritance (Seoul Central District Court 2018Kadan5187922), and I applied for the appraisal of the instant real estate in the said lawsuit proceedings. On September 26, 2019, the assessment amount as of June 27, 2018 is KRW 807,862,00, and the market value assessed as of July 15, 2019 is KRW 848,248,500.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 5, evidence 6-1, 2 and 9, and the purport of the whole pleadings.

2. Determination

A. The Defendant asserted that the Plaintiff infringed the Plaintiffs’ legal reserve of inheritance by donation of the deceased’s only property (the only property of the deceased). As such, 1/24 shares out of the instant real estate (i.e., 1/2 X 1/7 X1/2 of the shares donated by the Defendant), the Defendant is obligated to implement the procedures for the registration of transfer of ownership on June 27, 2018, which was the deceased’s death date. Since the deceased’s shares were transferred to H, the value should be returned.

B. According to the above facts of recognition, the defendant's property beyond the scope of his/her inheritance shares from the deceased.

유사 판례

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-인천지방법원부천지원 2016.11.23 2015가단102813

-대구지방법원안동지원 2015.07.01 2015가단1741