(영문) 서울중앙지방법원 2015.11.03 2013가합81090

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Reasons

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(영문) 서울중앙지방법원 2015.11.03 2013가합81090

양수금

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1. The Plaintiff, Defendant B, and Defendant C, Defendant C, as well as each of the said amounts, from April 8, 2011 to July 2015, 201.

Reasons

1. Basic facts

A. The status of the parties (1) The network D (hereinafter “the decedent”) married with the network E, had flive children, Defendant B (2), G (3 women), and Defendant C (4) under the chain. The network E died on December 16, 2001.

Since September 26, 2008, the decedent reported marriage with the Plaintiff on September 26, 2008, and under the chain, the decedent was a child H.

(2) The decedent died on April 7, 2011.

B. (1) On August 28, 2002, the decedent donated the Defendant C with the International Apartment 102 Dong 1002 (hereinafter “instant apartment”), around September 2005, KRW 200 million to the Defendant B, and KRW 500 million to H on January 20, 209, respectively.

(2) After June 23, 2008, Defendant C sold the instant apartment at KRW 418 million to J on June 23, 2008.

C. There was no positive inheritance or inheritance obligation of the inheritee at the time of death of the inheritee.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 to Gap evidence 6, Eul evidence 1-1, the purport of whole pleadings

2. Determination as to the cause of claim

A. (1) The plaintiff is the inheritor of the deceased, and when there is a shortage of the plaintiff's legal reserve of inheritance due to the donation made by the deceased to the defendants who are other inheritors, the plaintiff can claim the return of the plaintiff's property to the extent of the shortage.

(2) As to this, the Defendants asserted that the gift to be included in the calculation of legal reserve was made between one year prior to the commencement of inheritance, and that the time when the decedent donated the Defendants to the Defendants was prior to the commencement of inheritance in 2002 and 2005. At the time of the donation, the Plaintiff was not the spouse of the inheritee, and there was no awareness between the decedent and the Defendants that the Plaintiff would incur damage to the Plaintiff, and thus, the gift to the Defendants should be excluded from the calculation

A person, among co-inheritors, who has made a special benefit by donation of property from an inheritee.

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