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(영문) 서울북부지방법원 2016.01.13 2014가단50071
유류분반환
Text

1. The Defendant’s KRW 2,500,000 as well as the Plaintiff’s annual rate of KRW 5% from December 5, 2015 to January 13, 2016.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant are the children of the deceased C (hereinafter “the deceased”).

B. On July 29, 2004, the Deceased completed the registration of ownership transfer on July 27, 2004 with respect to shares of 12.2/124 square meters in Jung-gu, Seoul and its ground buildings (hereinafter “instant real estate”).

On August 3, 2012, the Defendant transferred the ownership of the instant real estate to another person.

C. On November 15, 2012, from the promotion savings bank account under the deceased’s name, the KRW 19 million was transferred from the account in the name of the Defendant to the account in the name of the Defendant.

The Deceased died on February 9, 2013, and there is no active and passive inherited property of the Deceased, and the legal portion of inheritance between the Plaintiff and the Defendant, the inheritor of the Deceased, is one-half, respectively.

E. On September 15, 2014, the Plaintiff filed a lawsuit seeking a division of inherited property with the Seoul Family Court, and filed the instant lawsuit on December 17, 2014.

【Reasons for Recognition: Facts without dispute, Gap 1, 2, Gap 3-2, Gap 13-1, Eul 12, the purport of the whole pleadings】

2. The assertion and judgment

A. The Plaintiff’s assertion 1) donated the instant real estate to the Defendant on November 15, 2012, and donated KRW 19 million to the Defendant on November 15, 2012, the Defendant’s forced inheritance amounting to the Plaintiff is KRW 332,230,583 as of the value of the instant real estate and KRW 19 million, multiplied by the Plaintiff’s forced inheritance ratio of KRW 1/4 (i.e., statutory inheritance portion 1/2 x 1/2) multiplied by the Plaintiff’s forced inheritance ratio of KRW 87,807,646, which is the Plaintiff’s forced inheritance ratio of KRW 1/4 (i.e., statutory inheritance portion x 1/2). 2) Since the instant real estate was donated to the Defendant with the Defendant, it does not constitute the Defendant’s special profits, even if the instant real estate constitutes a Defendant’s special profits, the Plaintiff’s death after having known that it was donated to the Defendant prior to the death of the Deceased.

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