(영문) 서울중앙지방법원 2020.11.18 2019가합500135

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(영문) 서울중앙지방법원 2020.11.18 2019가합500135

유류분반환청구의 소

Text

The defendant's 29,131,360 won for plaintiffs E and F, 83,207,727 won for plaintiffs H, and each of them from October 21, 2020.

Reasons

1. Facts of recognition;

A. On February 1, 2018, the party’s relevant netJ (hereinafter “the deceased”) died, and the heir is either the Plaintiffs and the Defendant, who are the deceased’s children.

B. On June 2, 2017, the Deceased, who donated the instant real estate, completed the registration of transfer of ownership on June 1, 2017 with respect to each 1/2 share of the 13th floor M of the Gangseo-gu Seoul Metropolitan L Building (hereinafter “instant real estate”) on the part of the Defendant and the Defendant’s spouse, for the transfer of ownership on June 2, 2017.

C. On January 19, 2018, the Deceased’s Comprehensive Testamentary Gift against the Defendant prepared a testamentary document stating that “In addition to testamentary gifts made to the Defendant at the rates of 10%, N, andO each of 45% of the shares in the process of litigation, the Defendant shall universal testamentary gift to the Defendant regarding all of the remaining deceased’s properties including deposit claims.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 22 (including each number), the purport of the whole pleadings

2. The Plaintiffs’ assertion that the deceased donated the instant real estate to the Defendant and P, and that the Plaintiff’s forced inheritance was infringed by a universal legacy of the advance payment return claim and other deposit claims related to the instant real estate.

Therefore, since the defendant is obligated to return the legal reserve of inheritance infringed upon by the plaintiffs, 42,359,817 won, 2,359,817 won, 2,359,817 won, 92,359,817 won, and 92,359,817 damages for delay shall be paid to the plaintiffs E and F.

3. Determination

A. Since the plaintiffs who suffered from the right to claim the return of legal reserve of inheritance are the inheritors of the deceased, in case where there is a shortage in their legal reserve of inheritance due to testamentary gift or gift to the defendant who is another co-inheritors, they may demand the defendant to return the shortage.

(b) The method of calculating shortage in legal reserve of inheritance shall be calculated by adding the value of the donated property to the value of the property owned by the decedent at the time of the commencement of inheritance, and all debts

유사 판례

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-창원지방법원진주지원 2015.03.11 2013가단14138

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