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(영문) 인천지방법원 2014.10.29 2013가합15384
유류분반환
Text

1. The Defendant’s each of the Plaintiffs’ KRW 192,249,460 as well as 5% per annum from August 26, 2014 to October 29, 2014.

Reasons

1. Basic facts

A. F (hereinafter “the deceased”) died on August 16, 2013, and jointly inherited the property of the Plaintiffs and the Defendant, who are the deceased’s children.

B. On April 24, 2002, the Appellant donated each of the real estates indicated in the “Real Estate List” (hereinafter “each of the instant real estates”) under the following, which had been owned by the Defendant by the deceased.

C. There was no particular inheritance claim or inheritance obligation at the time of the deceased person’s death.

【Ground of recognition】 The fact that there is no dispute, entry of Gap's 1 through 4 (including each number, if any) and the purport of whole pleadings

2. The plaintiff's assertion that the defendant, as a deceased co-inheritors, infringed the plaintiff's legal reserve of inheritance by receiving a donation equivalent to the aggregate amount of KRW 1,926,200,000 from the deceased co-inheritors, and thus, the defendant shall pay the plaintiffs the amount of KRW 192,249,460 corresponding to the shortage in the plaintiff's legal reserve of inheritance.

In addition, when a deceased person purchases from G on April 15, 2002 the area D large 353 square meters and 268 square meters prior to E (hereinafter “instant land”) and as the title holder of the purchase was the defendant, the deceased person donated the instant land to the defendant. Thus, the defendant is obligated to implement the procedures for registration of transfer of ownership for each of the instant land on the grounds of the return of legal reserve on August 25, 2014, the delivery date of a copy of the claim and the application for change of the cause, with respect to each of the instant land as of August 25, 2014.

3. Determination

A. According to the above facts of recognition of the right to claim the return of legal reserve of inheritance, when there is a shortage of legal reserve of inheritance as a result of the gift of each of the instant real estate to the defendant who is another co-inheritors, the plaintiffs can seek the return of legal reserve of inheritance to the extent that the shortage is insufficient.

B. Since the calculation method of shortage in legal reserve of inheritance is as follows, whether there is a shortage in legal reserve of inheritance between the plaintiffs according to the calculation method.

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