(영문) 인천지방법원 2017.05.12 2015가합5930

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(영문) 인천지방법원 2017.05.12 2015가합5930

유류분반환

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1. Defendant E: (a) KRW 37,939,271; (b) KRW 54,736,859; and (c) KRW 54,736,859; and each of them, from November 28, 2015 to December 2017.

Reasons

1. Basic facts

A. The relationship 1) The Parties were married to G (Death May 9, 1971), and F was married to Defendant D (1940), H (1945), Plaintiff A (1952), Defendant E (1954), I (1957), and Plaintiff B (1959) after his death, F was married to Defendant C in 1979.

3) The F died on July 18, 2015 (hereinafter “the deceased”).

4) At the time of the deceased’s death, the deceased’s legal heir is the Plaintiffs, Defendant D, E, H, and I, who are the Defendant C and their children.

B. At the time of the deceased’s death, there was no active inheritance or inheritance obligation of the deceased.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The assertion and judgment

A. 1) The Plaintiffs’ assertion 1) The Deceased’s assertion (A) donated real estate and deposits in the name of the Plaintiffs and co-inheritors, including the Defendants, before the creation of such real estate and deposits, and the standard value at the time of the death of the Deceased is equivalent to KRW 3,366,210,665.

B. The Defendants’ assertion ① Defendant C did not have donated the deceased’s property.

② It was true that Defendant D donated the real estate indicated in the separate list No. 2 of the deceased’s list No. 2 from the deceased. However, since the ownership transfer registration was made on December 24, 1974, before the legal reserve of inheritance was implemented in 1979, it is not included in the property subject to calculation of legal reserve of inheritance.

③ Defendant E did not receive a donation of KRW 20,000,000 from the Deceased around 1978.

④ Under the direction of the Deceased, Defendant E paid KRW 100,000,000 to I in return for the donation of the building from the J and its ground from the Deceased, and exempted Defendant E from the obligation to pay KRW 20,000,000 that had been previously lent.

Therefore, 100,000,000 won, which is alleged to have been donated by I, cannot be calculated as the deceased’s donated property.

⑤ Rather, the Deceased is at least KRW 57,000,000 with support for the purchase of row houses, etc. to the Plaintiff A, and I.

유사 판례

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