logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.04.04 2017가합42596
유류분반환
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. On March 6, 2007, the inheritance-related network F (hereinafter “the deceased”) died. At the time of death, there were the Plaintiffs, children, the deceased’s heir, G, the Defendant, H, and I as the deceased’s heir.

B. From August 200 to November 2004, the Deceased’s surviving donor donated each of the real estate listed in the separate sheet (hereinafter “instant real estate”, and each of the real estate is classified according to the sequence in the above list) between the Defendant, H, and I as indicated below (hereinafter “instant gift”).

On August 28, 2000, the donee of the object of gift on the date of donation registration No. 1 on August 28, 2000 and on August 29, 2000: (a) on August 28, 2000, No. 4 real estate I on August 10, 200; (b) on November 10, 203 among the 5 real estate on November 10, 203, Defendant 4’s share 538/1,613 among the 5 real estate on November 15, 204 on November 15, 2004, Defendant 538/1,613 equity I 5/13 equity I among the 5 real estate on November 25, 2004.

C. Meanwhile, on the deceased’s legacy, the deceased bequeathed No. 1 and 2 real estate (the second real estate is unregistered buildings) to the Defendant (hereinafter “the instant legacy”) and accordingly, the Defendant completed the registration of ownership transfer based on testamentary gift on March 6, 2007 with respect to the first real estate on April 5, 2007.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 4 (if there are virtual numbers, including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. Since the plaintiffs, H, and I (hereinafter "the defendants et al.") donated or bequeathed the whole property of the deceased from the deceased, and thus, the plaintiffs, co-inheritors of the deceased, were infringed, the defendant has a duty to return the legal reserve of inheritance infringed upon by the plaintiffs, respectively.

The shortage in the plaintiffs' legal reserve of inheritance is 62,348,00 won (=total value of the real estate of this case 1,059,922,780 won x legal reserve of inheritance x 2/17 x less than 1/2,1,000 won). Thus, the defendant is ultimately liable to the plaintiffs.

arrow