logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2019.04.23 2018가단60771
유류분반환 청구의 소
Text

1. The defendant,

A. 3,189,825 won, Plaintiff B, and C respectively, and each of them on March 20, 2019, respectively.

Reasons

1. Basic facts

A. From July 23, 1990 to July 23, 1990, the network E had F(G) and net H(I) as his child under the sus, and the network H had the relationship of legal marriage with the Plaintiff A from June 23, 2005, and had the Plaintiff B(J) and C(K) as his child.

B. The deceased on February 17, 2013, and the deceased on July 22, 2018 (hereinafter “the deceased”).

C. Meanwhile, the Deceased completed the registration of ownership transfer on June 26, 2003 on the real estate listed in the separate sheet (hereinafter “instant land”) on the ground of sale as of June 25, 2003. The Defendant completed the registration of ownership transfer on the instant land on the ground of donation on February 13, 2018.

The value of the instant land is KRW 208,602,00 as of the time of death of the Deceased, and is KRW 210,267,00 as of February 21, 2019 near the date of closing the argument of the instant case.

At the time of the deceased’s death, the deceased did not have any particular small property, and there was a deposit of KRW 2,947,851 and KRW 11,937,997 and KRW 14,885,848 in each of the accounts in the name of the deceased, and the Defendant transferred the above money (hereinafter “the instant money”) to his own account on July 26, 2018 and on July 27, 2018 after the deceased’s death.

E. The Plaintiffs did not inherit any property from the Deceased.

[Grounds for Recognition] The non-contentious facts, Gap evidence No. 1, the result of each order to submit financial transaction information to Lbank Co., Ltd. and MU, the appraiser N's appraisal result and the purport of the whole pleadings

2. Claim for restitution of legal reserve of inheritance:

A. According to the above facts of recognition, the amount of the instant land donated by the Defendant to the deceased and the amount in the deceased’s account at the time of his death is included in the basic property for calculating the legal reserve of inheritance.

Therefore, the defendant is obligated to return the part of the plaintiffs' forced inheritance due to the donation of the land in this case.

B. For this, the Defendant’s chronic closure from the 30th mid-up mid-up.

arrow