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(영문) 대구지방법원서부지원 2017.11.09 2016가합51355
유류분반환
Text

1. The Defendant: (a) KRW 77,343,09; (b) KRW 73,334,737; and (c) KRW 252,971,675 to Plaintiff C; and (c) respectively.

Reasons

1. Basic facts

A. The deceased E (hereinafter “the deceased”) died on May 19, 2016, and the deceased’s heirs are Plaintiff A, B, C, Nonparty F, and Defendant, a child.

B. On December 30, 2003, the Deceased completed the registration of ownership transfer on the ground of each gift with respect to 1/2 shares and 1/2 shares out of 748m2 of the 1/2 shares in the Yansan-gu Seoul Special Metropolitan City G (hereinafter “1 real estate”) and H 382.6m2 in the Yan-gu Seoul Special Metropolitan City (hereinafter “2 real estate”). On May 20, 2009, the Deceased completed the registration of ownership transfer on the ground of donation with respect to 1/2 shares out of 2 real estate to Nonparty F.

C. The first real estate and the second real estate were sold before the death of the deceased. At the time of the death of the deceased, the market value of the above real estate is as listed below:

At the time of commencement of disposal of real estate after donation, each entry of the evidence of subparagraphs 1 through 3 (including the number of branches; hereinafter the same shall apply) in the market value at the time of commencement of disposal of real estate at the time of commencement of inheritance, each entry of the evidence of subparagraphs 1 through 3 (including the number of branches; hereinafter the same shall apply), the result of entrustment of appraisal to appraiser I, the purport of the whole pleadings, as a whole.

2. The gist of the Plaintiffs’ assertion is that the deceased’s heir did not have any property inherited from the deceased, while the Defendant received shares on the first and second real property from the deceased before the deceased’s death.

As a result, there was a shortage in legal reserve of KRW 318,517,851 in consideration of the amount donated to Plaintiff A and C in the case of Plaintiff B, and KRW 393,326,238, and KRW 318,51 in consideration of the amount donated to the Plaintiff B, while the Defendant’s aggregate of the value of the property donated to the deceased by the deceased

Therefore, the defendant is liable to pay the difference in legal reserve of inheritance and damages for delay to the plaintiffs.

3. Determination

A. Article 1113(1) of the Civil Act provides that the amount of statutory reserve of inheritance shall be calculated by adding the value of the donated property at the time of the commencement of the inheritance of the inheritee to the value of the donated property, and deducting the total amount of the debt.

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