2007 Gohap6868 Return of legal reserve of inheritance

Man○ (Lap)

Seoul Gwangjin-gu

Attorney Kim Jae-ho, Counsel for the defendant-appellant

○○ (○○ -)

Seoul Nowon-gu

Law Firm Gyeong-woo, Counsel for the plaintiff-appellant

Attorney Yang Ho-ho, Counsel for the plaintiff-appellant

September 30, 2008

October 22, 2008

1. The defendant, from July 2, 2007 to October 22, 2008, 362, 122, 701 won to the plaintiff and its related costs.

amount calculated by 5% per annum and 20% per annum from the next day to the day of full payment.

H. D. D.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit, 4/5 are borne by the Plaintiff, and the remainder by the Defendant.

4. Paragraph 1 can be provisionally executed.

The defendant's application to amend the purport of the claim from July 2, 2007 to the plaintiff 2, 216, 097, 974 won and its related amount.

Until the service date of a duplicate, 5% per annum and 20% per annum from the next day to the day of complete payment.

D. The payment of such money is made.

1. Facts of recognition;

A. On July 1, 2007, the deceased on July 1, 2007, and the inheritance of the plaintiff and the defendant who are a child.

Division 2/13 of the deceased were inherited at the rate of 13 minutes, and the deceased’s active property and negative at the time of the death.

property (won/Defendant) did not take into account the inherited property of other inheritors; and

I agreed to calculate the legal reserve of inheritance in relation to the defendant only.

B. On February 24, 1987, the Deceased: OO-dong Seoul Central-gu O-O-O- 9,110 meters (hereinafter “O- - - 1”)

on February 21, 1987 with respect to Eul, the defendant 3,038/9, 110, and the defendant's wife

Park○-○ and his children, each of whom was filed for the registration of ownership transfer of 3,036/9, 110 shares to △△, each of whom was then filed;

Defendant, Park○-○, and Mari-gu on June 15, 1989, Defendant ○○, Inc. (hereinafter referred to as “○○”).

The sale was made in the above land on September 30, 1991, and ○○○, 227 square meters (hereinafter referred to as “○○-10 square meters”) on the same land on September 30, 1991.

(2) The following facts are revealed: (a) on April 15, 1993; (b) on April 15, 1993; (c) on November 11, 199, 200,000 square meters (hereinafter referred to as "O - 11").

Each subdivision has been divided.

C. On June 3, 1989, the deceased was divided into the Defendant on June 3, 1988 ○○○○○○○○○○, Seoul, Jung-gu, 7: 12,204 square meters (hereinafter “the deceased”).

The registration of transfer of ownership by reason of donation on June 1, 1989 with respect to ○○ - 7 ''

Any portion made on November 2, 1994, consisting of the same ○○ - 12 m2 m2 (hereinafter referred to as “○○ - 12 m2”)

was set forth.

D. After doing so, the defendant on December 31, 2001, on December 31, 2001, 00 ○○○○ Dong, Jung-gu, Seoul, 7 11,908 m.

(hereinafter referred to as “○○ - 7”) with respect to the portion of 4,000/11,908 out of (hereinafter referred to as “7”) 28 December 2001, the donation shall be made on December 28, 2001.

The Seoul Special Metropolitan City SPP made a transfer registration of shares as a person, but the Seoul Special Metropolitan City SPP Corporation August 16, 2006

The above land acquired the agreement in total in 6,088, 957, and 333 won.

E. Around June 1989, the Deceased donated KRW 150 million to the Plaintiff, and up to the time of commencement of the inheritance.

When reflecting the inflation rate, it is 282, 300, 000 won.

[Ground of Recognition] Unstrifed Facts, Gap evidence 1 to 6 (including each number), Eul evidence 9

As a result of the appraisal by the appraiser Kim Jong-hee, this Court against the President of the Seoul Special Metropolitan City E.S. Corporation

Results of fact inquiry, the purport of the whole pleading

2. Determination as to the cause of action

The plaintiff asserted that the deceased's donation to the defendant infringed on the legal reserve of inheritance.

The Court has sought the return of the money stated in the purport of the claim to the High Court, and the following issues are discussed by the parties:

the Board of Governors shall make decisions in turn.

A. Selection of property based on the calculation of legal reserve of inheritance;

(1) Party’s assertion

The Plaintiff asserts five parcels as the basic property in calculating the legal reserve of inheritance, ○○ - 1, 7, 10, 11, and 12;

On this basis, the defendant ○○ - 1, 10, 11's shares in the Park ○, and the shares in Mari-ri, who are not the defendant, is Park ○○, not the defendant.

The deceased actually sold to ○○, Inc., a donation by △△, ○○-12

be excluded from basic property because the purchase of the price is not a donation to the defendant.

State that the Plaintiff’s donation from the Deceased should also include 150 million won in basic property.

chapter 2.

(2) Determination

00- With respect to the shares of 00 - 1, 10, 11, 11, and Maaps, as seen earlier.

on February 21, 1987, 3,036/9, and 110 shares transfer registration on the ground of donation in the name of Park○-○, Mari-ri, Mari-ri, Mari-ri, 110

As long as a donation has been made, the donation to the deceased’s gambling ○, and Matri is presumed, and otherwise, the donation to the defendant.

Inasmuch as there is no evidence to prove that it was, excluding the shares of ○○ - 1, 10, 11, excluding the shares of Mari-○ and Mariri-ri.

Only 3, 308/9, 110 of the defendant's shares shall be included in basic property.

With respect to ○○ - 12, the above land shall be donated from the Defendant on June 1, 1989 to the Deceased.

The Deceased shall be entitled to receive the payment from the deceased on the sole basis of the statement of the evidence No. 7, which was divided by ○○ before the division.

As it is difficult to deem that such receipt was made, basic property shall be included.

The plaintiff, as co-inheritors, was donated KRW 150 million from the deceased around June 1989 by the co-inheritors.

As seen earlier, this should be included in basic property.

Thus, the basic property of calculating the legal reserve of inheritance is each of the ○○ - 1, 10, and 11 donated by the Defendant.

3, 308/9, 110 shares, ○○ 7, 12 as well as 150 million won as the Plaintiff’s donation.

(b)Calculation of the value of basic property;

(1) Party’s assertion

As to the land donated by the Defendant, the Plaintiff is at the time of the commencement of the inheritance.

The defendant asserts that the value should be calculated, and the defendant is not entitled to expropriation of the above land.

Since it is impossible to hold the money until the time of commencement of the inheritance, the rate of inflation shall apply to the money actually received.

The author argues that the calculation must be based on the reflected amount.

(2) Determination

The Seoul Special Metropolitan City Es. Es.S. Corporation ○○ on August 16, 2006 - 7 6,088, 957, 333

As seen earlier, according to the result of the appraiser Kim-hee’s appraisal, the defendant

○○ - 1, 10, and 11 are running a housing construction project under the former Housing Construction Promotion Act.

If the defendant did not sell the land as the subject, he was in a position to expropriate the land, and he was so;

Of the fact that ○○ - 10 had been purchased again by Seoul on November 25, 1992, and that ○○ - 12 had been as above.

It is recognized that a construction project is included in the housing site development area ○2 after purchasing it from ○○.

f) The above land is subject to land expropriation, and the alteration and alteration of a specific use area due to the housing site development project is subject to land expropriation.

Even if the owner is expected to cancel the restricted area and the huge development gains can be expected, the owner may do so.

Since it is impossible to own without selling it, development gains which the defendant could not enjoy;

It is unreasonable to calculate the value of basic property on the basis of the market price at the time of commencement of inheritance.

at the time of the commencement of the inheritance, the proportion reserved by the heir among the property of the inheritee at the time of the commencement of the inheritance.

As above, the part which could not be the property of the inheritee at the time of the commencement of the inheritance.

Taking into account the fact that it seems inappropriate to take the premise of B’s legal reserve of inheritance, in this case,

The value of the original property shall reflect the rate of inflation on the money actually received by the defendant while selling the above land.

reasonable to calculate the amount in the same amount.

In full view of the overall purport of the arguments as a result of the appraiser Kim Chang-hee’s appraisal, 00 - 1, 10, 11

on June 15, 1989 the price at the time of sale to ○○ is in KRW 2,254, 952, 600, and the time of commencement of the inheritance.

The amount reflected by the rate of provisional increase shall be the 4, 967, 793, 860 facts constituting the 4, 967, 793, 860, 0 - 7 August 16, 2006

Amount reflecting the inflation rate in KRW 6,08, 953, and 364 up to the time the inheritance commences, 6,207, 185, and 470

Facts, facts, ○○ - 12- September 27, 2004, the price at the time of sale to ○○ Co., Ltd. 78, 796, 800

amount that reflects the inflation rate until the commencement of the inheritance shall be recognized as 84, 117, 00

f. The value of basic property is 00 - 1, 10, 11 the value of the defendant's share 3, 308/9, 110

The value of less than Won, ○○ - 7 value of 6, 207, 185, 470

Reflection of the inflation rate of KRW 84, 117, 00, 100 as the value of KRW 12, and KRW 150,000 as the Plaintiff donated, on the basis of the inflation rate of KRW 150,000.

The sum of 282, 300, 000 won is 8, 377, 495, 125 won.

C. The plaintiff's shortage in legal reserve of inheritance

Amount of legal reserve of inheritance = 362, 122, 701 won [The value of basic property = 8,377, 495, 125 won 】 The ratio of legal reserve of inheritance of the plaintiff

The value of donation is 282, 300, 000 won, less than won). The plaintiff is the plaintiff

Since there is no net share of inheritance, the above amount is less than the plaintiff's legal reserve of inheritance.

D. Whether to consider the contributory portion

The defendant should consider the defendant's contributory portion in calculating the plaintiff's legal reserve of inheritance.

However, the claim for contributory portion cannot be allowed only on the ground that there is a claim for return of legal reserve of inheritance.

The above assertion intentionally is without merit.

(e) Offset of offset;

Defendant’s defense that the claim against the Plaintiff was set off with a loan claim of KRW 50 million, but Defendant State

There is no evidence to prove the claims of the funeral.

3. Conclusion

Thus, the defendant's insufficient legal reserve of inheritance amounting to KRW 362, 122, 701 and the defendant's legal reserve of inheritance amounting to July 2007.

2. From October 22, 2008, the date of the adjudication of this case, 5% per annum prescribed by the Civil Act, which is the date of the adjudication of this case, and the next day.

Until the date of full payment, 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings shall be calculated.

Since the plaintiff is liable to pay damages for delay, the plaintiff's claim of this case within the scope of the above recognition.

In fact, the remaining claims shall be accepted, and they shall be dismissed as it is without merit. It is so decided as per Disposition.

judges of the presiding judge;

Judges Hong Sung-sung

Judges Cho US;