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(영문) 대구지방법원 2017.10.18 2017나301023
유류분반환등
Text

1. The judgment of the court of first instance against the Defendants exceeding the following parts regarding the claim for the return of legal reserve of inheritance.

Reasons

1. Basic facts

A. The deceased on January 13, 2016 (hereinafter “the deceased”) died, and his heir has four children, including F, G, H, and Plaintiff.

B. G was married with I and was the Defendants as their children. G and I were divorced on June 13, 1991.

C. After G’s divorce, the Deceased brought up the Defendants, a female, and continued to live together with the Defendants, and was supported by the Defendants in the old year.

On October 17, 2007, the Deceased donated each of 1/3 shares of the respective real estate listed in the separate sheet No. 1 (hereinafter “each of the instant real estate”) to the Defendants (hereinafter “instant gift”). D.

On April 24, 2013, the Deceased sold 1/3 shares in total to the Defendants’ mother of each of the instant real property in KRW 70,000,000.

Defendant B kept 61,00,000 won out of the above purchase price received by the Deceased, and used some of them as the hospital expenses of the Deceased.

E. At the time of death, the Deceased owned each real estate listed in the Attachment No. 2 List.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 11, 15, 33 and 35 (including each number), the purport of the whole pleadings

2. Judgment on the claim for restitution of legal reserve of inheritance

A. Due to the Plaintiff’s instant donation, there was a shortage in legal reserve of inheritance of 1/8 shares in the Plaintiff’s legal reserve of inheritance among each of the instant real estate.

Therefore, among the Defendants’ shares in each of the instant real estate, the Defendants are obligated to return each 1/24 shares in proportion to the shares donated by the Defendants.

B. In principle, a gift to a third party, who is not a co-inheritors, of the Defendants’ duty to return a legal reserve of inheritance, may be claimed only when it was performed one year prior to the commencement of the inheritance. However, when both parties knew that it would inflict damage on the person entitled to legal reserve of inheritance at the time of the donation, it shall also be claimed one year prior to the commencement of the inheritance.

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