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(영문) 부산지방법원 2018.01.09 2016가단356314
유류분반환청구의 소
Text

1. The Defendant shall pay to the Plaintiff B KRW 22,142,857 and a rate of 15% per annum from December 29, 2016 to the date of full payment.

Reasons

1. Basic facts

A. The relationship between the parties 1) D (Death on October 4, 2015, hereinafter “the deceased”).

A) On April 19, 1976, upon completion of the marriage report with E, the deceased was divorced on January 4, 1991. 2) On April 14, 2001, the deceased completed the marriage report with the Defendant again on April 14, 2001.

B. 1) Real estate donation and sale 1) Original Fran-gu, Busan (hereinafter “instant real estate”) No. 102

The deceased owned the deceased. On June 11, 2013, the deceased completed the registration of ownership transfer on the instant real estate on the grounds of donation in the future of the Defendant. (2) On August 5, 2016, the Defendant sold the instant real estate to G in KRW 155,000,000 for the price, and completed the registration of ownership transfer on September 27, 2016 for the instant real estate on the grounds of sale in G.

C. At the time of commencement of inheritance, the deceased did not have positive inherited property and inheritance liability.

[Ground of recognition] Facts without dispute, Gap 1, 2, and Eul 6 (including branch numbers in case of additional number), the result of the order to submit financial transaction information to the fourth community credit cooperatives of this court, the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The plaintiffs' legal reserve of inheritance was infringed due to their birth donation to the defendant of the deceased, and the defendant is liable to pay the amount of money stated in each claim and damages for delay to the plaintiffs, as the shortage of legal reserve of inheritance.

B. The Plaintiffs filed the instant lawsuit only one year after they knew of the deceased’s death and the birth donation to the Defendant. As such, the Plaintiffs’ right to claim restitution of legal reserve of inheritance expired by prescription.

3. Determination

A. The facts that the person with the right to legal reserve of inheritance commenced inheritance, or the donation was made by the person with the right to legal reserve of inheritance, which is the starting point of the short-term extinctive prescription period of the right to claim the return of legal reserve of inheritance under Article 1117 of the Civil Code.

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