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(영문) 수원지방법원성남지원 2017.07.18 2017가합400423
유류분반환
Text

1. The Plaintiff:

A. As from March 17, 2016, Defendant B: 52,935,160 won and its related thereto:

B. Defendant C shall be KRW 169,392,514, and

Reasons

1. Basic facts

A. On March 30, 1942, the deceased D (hereinafter “the deceased”) married Nonparty E and the deceased on March 30, 1942, and the deceased died on October 3, 1950. The deceased died on August 5, 2012.

B. At the time of the deceased’s death, there are F, G, Plaintiff, and Defendant B, the deceased’s children, and Defendant C is F.

C. On May 21, 2007, the Deceased donated 1/3 of the real estate listed in the separate sheet (hereinafter “instant real estate”) to Defendant B on May 21, 2007, and on May 22, 2007, the registration of ownership transfer in the name of Defendant B was completed.

On February 21, 2008, the Deceased donated 2/3 shares of the instant real estate to Defendant C, and on the same day, the registration of ownership transfer was completed in the name of Defendant C.

E. There is no inherited property or inheritance obligation found at the time of the deceased’s death.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 6 (including branch numbers for those with a satisfy number), the purport of the whole pleadings

2. The Plaintiff’s assertion that the deceased donated the instant real estate to the Defendants, and accordingly, the Plaintiff’s legal reserve of inheritance was infringed, so the Defendants are obligated to return the legal reserve of inheritance infringed upon by the Plaintiff.

3. The judgment of this Court

A. The calculation method of shortage in the legal reserve of inheritance shall be calculated by multiplying the legal reserve of inheritance by the ratio of the legal reserve of inheritance under Article 1112 of the Civil Act, and if the person having the right to the legal reserve of inheritance obtains special profits, the amount shall be deducted.

The infringement of legal reserve of inheritance is the person with the right to legal reserve of inheritance after deducting the amount of property acquired by inheritance from the amount of legal reserve of inheritance.

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