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Reasons
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(영문) 서울중앙지방법원 2019.11.06 2018가단5232488
유류분반환청구
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1. Defendant C’s KRW 41,464,974 for each of the Plaintiffs, and 5% per annum from August 22, 2019 to November 6, 2019, respectively.

Reasons

1. Basic facts

A. The deceased F (hereinafter “the deceased”) died on September 20, 2017, and the heir has the Plaintiffs, G, and Defendant C, who are children.

B. On February 10, 2014, the Deceased’s attachment equivalent to KRW 431,177,80, which was owned by the Deceased to the Defendants, Defendant C and D’s children.

1. The registration of ownership transfer was completed on February 3, 2014 with respect to each of the real estate listed in the list (hereinafter “each of the instant land”).

C. Attached Form 77,918,385 won at the time of the death of the Deceased

2. Each of the real estate listed in the list (hereinafter “instant inherited real estate”) was owned, and the I.D. was liable for KRW 10,500,000 to the I.D.

The Plaintiffs filed a petition for adjudication on the division of inherited property with the Daejeon Family Court Branch of 2017Dhap1003 against Defendant C and G. On November 8, 2018, the said court rendered a judgment that “The instant inherited property shall be divided into one-third equity shares with the Plaintiffs and G,” and the said judgment became final and conclusive on November 28, 2018.

(hereinafter referred to as “instant case’s inherited property division trial”). [Ground for recognition] (Ground for recognition], entry of Gap 1 through 12 evidence (including each number, hereinafter the same shall apply), the purport of the whole pleadings.

2. The plaintiffs' assertion

A. The primary claimant’s donation of each land of this case to the Defendants and H in the form of a combination shall be deemed to have been actually given to Defendant C. Since the legal reserve of inheritance of the Plaintiffs was infringed upon, Defendant C shall return the shortage of legal reserve of inheritance of the Plaintiffs, such as the primary claim, to the Plaintiffs as stated in the primary claim.

B. Even if the ancillary claimant actually donated each of the instant lands to Defendant D and E, the Defendants were the donee in bad faith. Thus, the Defendants should return to the Plaintiffs the shortage in the legal reserve of inheritance, such as the entries in the preliminary claim.

3. Calculation of deficits in legal reserve of inheritance;

A. Relevant legal principles.

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