In calculating the amount of legal reserve of inheritance, the standard time of calculating the market value of the property donated to the person liable for return (=the time of commencement of inheritance) and the method of calculating the value where donated

The scope of return of legal reserve of inheritance is based on the amount of legal reserve of inheritance obtained by multiplying the amount of the property by the ratio of the person entitled to legal reserve of inheritance at the time of the commencement of the inheritance, and in calculating the amount of legal reserve of inheritance, the market value of the property donated to the person liable to return shall be calculated at the time of the commencement of the inheritance. Therefore, if the donated property is money, it is reasonable to view the donated property as the value of the donated property by converting it to the monetary value at the time of the commencement of the inheritance. Such conversion of legal reserve value is reasonable to reflect the rate of price fluctuations between the donation and the commencement

Article 1113 of the Civil Act

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Han-sung, Attorneys Lee Jong-soo and 1 other, Counsel for plaintiff-appellant)

Plaintiff (Law Firm Boll, Attorney Park Jae-sung, Counsel for the plaintiff-appellant)

Defendant 1 and one other (Attorney Park Dong-dong et al., Counsel for the defendant-appellant)

Seoul High Court Decision 2005Na26613 decided March 31, 2006

The part of the lower judgment regarding the ancillary claim is reversed, and that part of the case is remanded to the Seoul High Court. The remainder of the appeal is dismissed.

The grounds of appeal are examined.

1. As to the main claim

In light of the records, the court below's decision to reject the plaintiff's primary claim on the ground that the evidence alone is insufficient to recognize the facts of the plaintiff's primary claim, is just and there is no violation of the rules of evidence as otherwise alleged in the ground of appeal.

2. As to the conjunctive claim

A. In light of the records, the court below is just in finding the fact that the plaintiff received a donation of KRW 89 million from the deceased non-party in selling 50,000,000,000 from the deceased non-party on the basis of the evidence in its holding, and there is no violation of the rules of evidence related to the rules of evidence as otherwise alleged in the ground of appeal.

B. The court below rejected the Plaintiff’s assertion that Defendant 1 was disqualified for inheritance on the ground that it is difficult to recognize that Defendant 1 had forged or concealed the above deceased’s will. In light of the records, the judgment of the court below is just and there is no error in the misapprehension of legal principles as to disqualified for inheritance or in the violation of laws and regulations related to the rules of evidence as

C. The scope of return of legal reserve of inheritance is based on the amount of legal reserve of inheritance calculated by multiplying the amount of the property of the deceased by the ratio of legal reserve of inheritance. In calculating the amount of legal reserve of inheritance, the market price of the property donated to the person liable for return shall be calculated at the time of the commencement of inheritance (see Supreme Court Decisions 95Da17885 delivered on February 9, 1996; 2004Da5187 delivered on June 23, 2005, etc.).

Therefore, if the donated property is money, it is reasonable to view it as the value of the donated property by converting the donated property into the monetary value at the time of commencing the inheritance. It is reasonable to calculate it by reflecting the price fluctuation rate between the time of donation and the time of commencing the inheritance.

According to the facts acknowledged by the court below, the plaintiff was donated KRW 89 million from the above deceased on July 15, 1991 and the inheritance was commenced on March 6, 200 after the deceased died on March 6, 200. Thus, in calculating the plaintiff's legal reserve amount, in calculating the plaintiff's legal reserve amount, the value of the plaintiff's donated property to be combined with the above deceased's inherited property shall be deemed to be the value calculated by reflecting the price fluctuation rate from the donated amount to the time of the above inheritance.

Nevertheless, the court below did not deliberate and decide on the price fluctuation rate from the time of the above donation to the time of the commencement of inheritance, and whether the civil statutory rate corresponds to the inflation rate, and determined that the Plaintiff’s donation amount was the value of the property donated to the Plaintiff by adding the amount equivalent to interest at the rate of 5% per annum, which is the civil legal rate, from the time of the commencement of inheritance to the time of the commencement of inheritance, and on the premise that there was no legal reserve amount of the Plaintiff’s inheritance. Thus, the court below erred by misapprehending the legal principles on the appraisal of donated property, which is the basis of the calculation of legal reserve of inheritance, or by failing to exhaust all necessary deliberations

3. Conclusion

Therefore, the part of the judgment below regarding the conjunctive claim is reversed, and that part of the case is remanded to the court below for further proceedings consistent with this Opinion. The remaining appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Young-ran (Presiding Justice)