(영문) 서울동부지방법원 2015.10.16 2014가단23325

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(영문) 서울동부지방법원 2015.10.16 2014가단23325

소유권이전등기(유류분청구)

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1. The Defendant: KRW 67,044,590 for the Plaintiff and KRW 5% per annum from August 20, 2015 to October 16, 2015.

Reasons

Basic Facts

C married with D on October 1, 1945, five children, including E, Plaintiff, Defendant, F, and G, were born. D died on June 13, 199, and C died on February 2, 2014.

C On September 13, 1982, the registration of ownership transfer was completed with respect to H apartment Nos. 530, 1209 (hereinafter “1209”) of Songpa-gu Seoul, Songpa-gu, Seoul. After the death of C, the registration of ownership transfer was completed on February 25, 2014 due to legacy of February 25, 2014.

C around the time of death, there was no other active property except 1209, the market price of 1.085 million won. However, around the time of death, there was a debt amounting to KRW 419,718,559 against the new bank.

On May 14, 2014, the Plaintiff’s legacy No. 1209 to the Defendant was infringed upon the Plaintiff’s legal reserve of inheritance.

“The instant lawsuit was filed against the Defendant on the ground of the return of legal reserve of inheritance in 1209, claiming the transfer of ownership with respect to 1/10 shares among 1209, and sought the return of value through the application for modification of the purport of the claim and the cause of the claim as of August 19, 2015. The said application was served on the Defendant on August 19, 2015.

[Ground of recognition] Facts without dispute, Gap 1-1-1-6, 2-1, 2-2, 3, 8, and Eul 1's contents and the purport of the whole pleadings.

According to the facts of the above recognition of the duty to return the legal reserve of inheritance, the defendant's acquisition of ownership of 1209 from C with the above testamentary gift shall be included in the basic property for calculating the legal reserve of inheritance as the special benefit of co-inheritors, and if there are parts that infringe the plaintiff's legal reserve of inheritance or the shortage of legal reserve of inheritance, the above testamentary gift against C with the defendant shall be deemed to have been invalidated within the extent that it violated the plaintiff's legal reserve of inheritance or the shortage of legal reserve of inheritance. Thus, the defendant is liable to return the shortage of legal reserve of the plaintiff to the plaintiff.

The scope of the duty to return the legal reserve of inheritance.

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