(영문) 서울고등법원 2015.07.24 2014나5427 | 리걸엔진

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(영문) 서울고등법원 2015.07.24 2014나5427

유류분반환 등

Text

1. The judgment of the court of first instance is modified as follows.

The defendant, to the plaintiff A, KRW 85,916,346, and the plaintiff B 27,870.

Reasons

1. Facts without dispute (based on recognition), Gap evidence 1, 2, 3, 6 evidence 8 through 33, Eul evidence 1-3, Eul evidence 2, and the purport of the whole pleadings;

A. Inheritance-related 1) Net G (hereinafter “the deceased”).

(2) On the other hand, the deceased died on May 16, 201, and the deceased died on January 16, 2012, and the deceased died on December 16, 201, and the deceased died on December 16, 201, and the deceased succeeded to the deceased, A, his children, and C, who were their wife, on December 16, 1996.

B. A deceased’s living relationship and inherited property 1) around 1976, the deceased purchased the real estate listed in the separate sheet Nos. 3 through 8, 11, 13, and 25 and managed them by planting trees on that part. (2) On September 20, 1995, the deceased operated a restaurant with the name of the Defendant or K and “L” in the building listed in the separate sheet No. 9, which was registered as the Defendant’s ownership, and the Defendant operated the restaurant with most hours together with the deceased.

3) During the period from December 20, 2010 to February 1, 2011, the Deceased’s NIE NIE (hereinafter “NIE”).

)The real estate listed in the separate list 8, 10 to 25 and the trees planted on each of the above real estate (hereinafter referred to as “real estate disposed of before the birth of this case”) to theO, who is the representative of the N church;

(4) At the time of the death of the deceased, the real estate listed in the separate sheet Nos. 2 through 7 was included in the positive inherited property at the time of the death of the deceased, and according to the evidence No. 6, the real estate listed in the separate sheet No. 2 is registered as being owned by the deceased and the deceased H as being owned by 1/2 shares, but there is no dispute between the parties as to the fact that the above real estate is inherited property

There was no inheritance obligation.

2. The calculation method of shortage in legal reserve of inheritance shall be the total value of active property at the time of the commencement of the inheritance of the inheritee.

유사 판례

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