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(영문) 수원지방법원 2019.01.09 2015가합1812
유류분반환
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1. As to each of the Plaintiffs’ KRW 149,919,825 and each of the aforementioned KRW 120,914,771, the Defendant shall start on March 6, 2015, and remainder.

Reasons

1. Facts of recognition;

A. D The deceased on February 21, 2014 (hereinafter “D”) and 2. The deceased on February 21, 2014 (hereinafter “the deceased”).

C.2) Each of the real estates listed in the table in paragraph (a) (hereinafter “each of the instant inherited real estates”) was owned.

B. As the heir of the deceased, the wife E and children of the Plaintiffs (A, B), the Defendant (C), F, G, H, and I.

C. On July 7, 2015, the Defendant filed a claim for the adjudication on the division of inherited property and the contributory portion with the remaining inheritors, including the Plaintiffs, as the other party (Seoul District Court 2015 Mohap522). On October 21, 2016, the said court rendered a decision to accept part of the Defendant’s claim.

After the Defendant’s appeal, the Plaintiffs filed a claim for the adjudication on the division of inherited property and the contributory portion (Seoul High Court 2016BB285, 2017BB20)) with the remaining inheritors of the deceased including the Defendant as opposing parties (Seoul High Court 2016B285, and 2017B20). On October 18, 2017, the said court rendered a decision that “The remainder of the real estate except for the real estate Nos. 7 and 9 among the inherited property of this case is divided into E3/15, the Plaintiffs and F, G, H, I, and 2/15 shares, and is the Defendant of this case. The rest of the appeal and the appeal are all dismissed.”

The decision of the above appellate court became final and conclusive around that time.

(hereinafter referred to as “related lawsuits” in total, including the first instance court and the appellate court, D.

On the other hand, the real estate Nos. 7 and 9 among the inherited property of this case was sold for the payment of inheritance tax. The deceased’s inheritors agreed to exclude the above Nos. 7 and 9 from the divided portion, but did not make a decision on the division of the real estate under the same premise.

[Reasons for Recognition] The facts without dispute, Gap evidence 1 to 11, and each number.

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