logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.11.13 2018나88807
유류분반환
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. G (hereinafter “the deceased”) died on November 25, 2014. At the time of the death of the deceased, Defendant C, D, F, M, and N as the inheritor of the Plaintiff, Defendant B, J, K, L, and deceased H’s substitute heir, who is a child.

B. Defendant E is the child of Defendant B.

C. On December 29, 1983, the Deceased completed the registration of ownership transfer based on sale on December 28, 1983 with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

On June 11, 2013, the Deceased completed the registration of transfer of ownership on June 10, 2013 with respect to each portion of the real estate listed in the separate sheet No. 1 attached hereto to Defendant C and D with respect to each portion of the real estate listed in the separate sheet No. 2 attached hereto to Defendant E and F, respectively, due to the gift on June 10, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 8, 33, 34 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Defendants, upon receiving each of the instant real estate from the Deceased, infringed the Plaintiff’s legal reserve of inheritance as co-inheritors.

In principle, donation to a third party who is not co-inheritors can be claimed only when it was performed for one year prior to the commencement of the inheritance, but Defendant E received the donation despite having sufficiently known that it could cause damage to the plaintiff. Thus, Defendant E also constitutes the counter-party to the claim for return of forced inheritance pursuant to Article 1114 of the Civil Act.

Therefore, the defendants should return the legal reserve of inheritance infringed on the plaintiff to the plaintiff.

B. The Defendants 1) filed the instant lawsuit one year after the Plaintiff became aware of the commencement of inheritance and the fact of donation. As such, the Plaintiff’s right to claim the return of legal reserve of inheritance had already expired prior to the filing of the instant lawsuit. (2) On October 8, 2001, the Plaintiff was the deceased’s share of 81.61/836.8 square meters of the International Religious Site 836.8 square meters.

arrow