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(영문) 서울동부지방법원 2016.01.22 2014가단112133
상속회복 청구의 소
Text

1. The Defendant shall pay to the Plaintiff KRW 149,50,000 and the interest rate of KRW 15% per annum from December 12, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. C (hereinafter referred to as “C”) died on December 24, 2012, and the Plaintiff and the Defendant inherited the deceased’s respective shares of 1/2.

B. The Deceased owned the real estate listed in the separate sheet (hereinafter “instant real estate”) before birth, and the value at the time of inheritance was KRW 800,000,000, and there was no other inherited property.

C. On July 17, 2008, the Deceased prepared and executed a testamentary deed stating that the instant real estate shall be bequeathed to the Defendant by a notary public under the Gyeonggi Joint Law Office No. 138, 2008.

On June 20, 2013, the Defendant completed the registration of ownership transfer on the instant real estate on the basis of the notarial deed. On July 11, 2013, the Defendant repaid the maximum debt amount of KRW 360,000,000 with respect to the registration of ownership transfer on the basis of the notarial deed, which was set up before the Deceased’s birth, in full, and repaid the secured debt of KRW 300,000 on the basis of the notarial deed, and on June 5, 2015, revoked the registration of ownership transfer on the notarial deed. On May 6, 2015, the Defendant concluded a sales contract with Nonparty D with Nonparty D for KRW 898,00,000, and completed the registration of ownership transfer on July 20, 2015.

[Ground of Recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1, 9, 21 (including additional numbers)

2. Determination

A. According to the above facts, the plaintiff, as co-inheritors of the deceased, can seek the return of the legal reserve of inheritance against the defendant within the extent of the shortage when there is a shortage of legal reserve of inheritance due to the plaintiff's biological donation to the defendant as co-inheritors.

B. The calculation method of the Plaintiff’s shortage in legal reserve of inheritance is as follows:

In short of the amount of shortage of legal reserve of inheritance = [A] 】 The amount of property (A) 】 the ratio of the Plaintiff’s legal reserve of inheritance (B) - the amount of the Plaintiff’s special profit (C) - the amount of the Plaintiff’s net inheritance (D) + the amount of active inherited property + the amount of donations (special profit) - the amount of inheritance obligation - The

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