logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원동부지원 2020.04.22 2018가단208910
유류분반환청구의 소
Text

1. The Defendant’s KRW 37,423,00 and its related KRW 5% per annum from August 29, 2018 to April 22, 2020 to the Plaintiff.

Reasons

1. Facts of recognition;

A. Nonparty D died on January 2, 2018, and his heir is the Plaintiff, Defendant, Nonparty E, F, G, and H, a child.

B. The property that was donated to the Defendant before his death and the market value at the time of his inheritance are as listed below:

I J C K L L M NO P

(c) At the time of the death of the deceased D, the current value of inherited property in the name of D and its current value at the time of inheritance are as listed below, and there was no inheritance obligation.

QR

D. On August 1, 2016, S, who was the husband of the deceased D, died on August 1, 2016, and S’s heir was the deceased D and his child, and the inheritance remains in the name of the deceased S at the time of his death and the market value at the time of his inheritance are as listed below, and there was no inheritance obligation.

T [Ground for Recognition: Article 208 (3) 3 of the Civil Procedure Act]

2. The plaintiff sought the return of the legal reserve of inheritance and sought the return of some of the shares in the preliminary real estate stated in the claim. Thus, the plaintiff's calculation of the shortage of legal reserve of inheritance is as follows.

Positive Inherited property: 86,376,252 won (= KRW 81,754,152 of the inherited property from S in the name of the principal = Property 4,622,100 (= KRW 136,256,920 x 1.5/2.5)

B. The value of basic property for calculating legal reserve of inheritance: KRW 621,828,552 (i.e., positive inherited property: KRW 86,376,252 of the value of donated property - KRW 535,452,300 of the value of inherited property - the amount of inherited debt 0).

C. The Plaintiff’s ratio of legal reserve of inheritance: The Plaintiff asserted that the Defendant’s share in inheritance should be excluded in calculating legal reserve of inheritance as the special beneficiary of inheritance because there is no share in the inherited property. However, the ratio of legal reserve of inheritance should be calculated according to the statutory share of inheritance regardless of whether there is any special benefit. Therefore, this part of the Plaintiff’s assertion is without merit and is 1/12 (legal share of inheritance 1/6 x 1/2).

Plaintiff’s net inheritance amount: 14,396,042 won (=86,376,252 won x 1/6)

(e) Shortage in legal reserve of inheritance: 37,423,04 won = 51,819,046 won (=621,828,552 won x 1/12) - 14,396,042 won)

3. Conclusion.

arrow