logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.04.17 2014나2033275
유류분청구의 소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff had 1 South and North 7 women (which are children of K, E, F, G, H, I, and J) between the deceased C (hereinafter “the deceased”), and the deceased had 1 South and North 7 children (which are children of K, E, F, G, H, I, and J) between D.

B. The Deceased died on November 5, 1986, and the Deceased and the Deceased were remarriedd with the Defendant on November 5, 1986, and there were no children under the Deceased and the Defendant slick.

C. The Deceased died on July 24, 2010 while being affected by strokes, etc.

[Ground of recognition] The fact that there is no dispute, Gap evidence No. 1, and the purport of the whole pleading

2. Judgment on the plaintiff's claim

A. The gist of the Plaintiff’s assertion is that the Plaintiff was the deceased’s heir, but did not fully inherit the deceased’s property after his death, while the Defendant received most of the deceased’s property inheritance.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 299,430,283 (i.e., basic property on the calculation of legal reserve of inheritance 5,689,175,387 x Plaintiff’s inheritance share 2/19 x 1/2, and 1/2, hereinafter the same shall apply) and delay damages.

B. 1) Legal principles regarding statutory reserve of inheritance shall be calculated on the basis of the amount calculated by adding the value of donated property to the value of the property at the time of the commencement of the inheritance of the inheritee and deducting the amount of inherited property from the amount of inherited property. If there is a person, among co-inheritors, who has made special profits by means of a preliminary donation of property from the inheritee, the donation shall be excluded from the application of Article 1114 of the Civil Act, and shall be included in the basic property for legal reserve of inheritance, regardless of whether the donation was before the commencement of inheritance one year, and whether both parties knew that damage would be inflicted upon the inheritance (see, e.g., Supreme Court Decision 95Da17885, Feb. 9, 196). Meanwhile, if the donated property, which serves as the basis of legal reserve of inheritance, is money, it is reasonable to view the donated amount as the value of donated property by converting it to the monetary value at the time of the commencement of inheritance. The conversion of monetary value from

arrow