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(영문) 서울동부지방법원 2020.10.08 2019가단157490
유류분 반환
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The deceased D (hereinafter “the deceased”) was diagnosed with cancer around the end of 2013 and died on December 13, 2016. The Plaintiffs, as the inheritor of the deceased, are the spouse of the deceased, and the Plaintiff B, as the inheritor of the deceased.

Defendant C is the second words of the Deceased.

B. On March 7, 2006 and September 30, 2013, the Deceased concluded an insurance contract (hereinafter “each of the instant insurance contracts”) with E Co., Ltd. (hereinafter “E”) and F Co., Ltd. (hereinafter “F”) on February 26, 2013, as indicated in the separate sheet.

C. At the time of entering into each of the instant insurance contracts, the beneficiary of the insurance contract with E was the legal heir, the beneficiary of the insurance contract with F, but on February 19, 2016, the beneficiary of the insurance contract with F, and the beneficiary of the insurance contract with E on February 24, 2016, all of the beneficiaries of the insurance contract with E were changed to Defendant C (hereinafter “instant change”).

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. 1) The plaintiffs' assertion 1) The defendant received death insurance money (the right to claim insurance money) from the deceased through the change of beneficiary of this case, and since the above donation infringed on the plaintiffs' legal reserve of inheritance, the defendant is obligated to return shortage to the plaintiffs. 2) The right to claim insurance money reverted to the defendant through the change of beneficiary of this case, which belongs to the defendant through the change of beneficiary of this case, shall not be included in the basic property for calculating legal reserve

Even if the above insurance claim is included in the underlying property in calculating the legal reserve of inheritance, since the plaintiffs filed the lawsuit of this case one year after they became aware of the infringement of legal reserve of inheritance, the plaintiffs' right to claim the legal reserve of inheritance has already expired.

B. Whether it can be included in the underlying property calculated on the basis of the legal reserve of inheritance is the policyholder who is the deceased.

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