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(영문) 서울중앙지방법원 2019.10.15 2017가단5146283
유류분반환청구
Text

1. The Defendant shall pay to the Plaintiff KRW 192,428,571 and the interest rate of KRW 12% per annum from October 21, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff and C are the children of D who died on December 2, 2016 (hereinafter “the deceased”), and the Defendant is the spouse of the deceased.

B. The buildings and land indicated in the attached list (hereinafter “instant real estate”) were originally owned by the deceased.

On August 26, 1998, the Deceased completed the registration of ownership transfer to the Defendant under Article 29321 of the Seoul Central District Court’s receipt of the registration office on the ground of the donation dated August 25, 1998.

On November 12, 2010, the Defendant sold the instant real estate in total of KRW 1,347,00,000 to E and F, and completed the registration of ownership transfer to them on December 31, 201 of the same year.

C. There is no active and negative property of the deceased who existed at the time of the deceased’s death.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 6 (including each number, if any; hereinafter the same shall apply), the result of the order to submit each financial transaction information to G Co., Ltd. and H, the Court Administration of this Court, Speaker's Government, the Korea Land and Housing Corporation, and the Ministry of Land, Infrastructure and Transport, the purport of the entire pleadings as a whole.

2. In determining legal reserve of inheritance, the value of the property owned by the inheritee at the time of commencing the inheritance shall be added to the value of the property, and it shall be calculated by deducting

(Article 113 of the Civil Act). The above donation shall be calculated on the basis of the value limited to one year prior to the commencement of the inheritance unless both parties knew that it would inflict damages on the person having the right to the legal reserve of inheritance.

(Article 1114 of the Civil Act). In a case where there is a person among co-inheritors who has made a special benefit from a pre-sale donation of property from an inheritee, the provisions of Article 1114 of the Civil Act shall be excluded. Accordingly, the donation shall be included in the basic property for calculating the legal reserve of inheritance regardless of whether it was before the commencement of inheritance one year, and whether both parties knew that it would inflict losses (see Supreme Court Decision 95Da17885 delivered on February 9, 1996).

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