(영문) 광주지방법원 2018.10.18 2016가단524222

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(영문) 광주지방법원 2018.10.18 2016가단524222

유류분반환청구의 소

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1. The Defendant’s KRW 17,949,867 as well as the annual rate of KRW 5% from October 18, 2016 to October 18, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. The deceased C (hereinafter “the deceased”) died on December 20, 2015.

The heir of the deceased had D, Defendant, E, F, and G, the spouse of the deceased, and E renounced inheritance.

B. On May 28, 2014, the Deceased: (a) a notary public, on May 28, 2014, prepared a notarial deed (hereinafter “instant notarial deed”) stating that part of his/her property shall be bequeathed to his/her heir in accordance with Article 706 of the Locom deed (hereinafter “instant notarial deed”); (b) the instant notarial deed contains the following: (c) the Plaintiff, the Plaintiff, and the Defendant: (d) seven parcels of land outside 89732m2, 1256m2, 1256m2, 1256m2, and 870m2, 2/10 of the amount of 2/10m2, 200m2, from among the 1256m3m2, 200m2, Naju-si, the respective 1/10 shares shall be bequeathed to L, E, F, and G; and (d) the Defendant shall jointly set up a testamentary gift and the Defendant’s obligation to the Defendant.

C. The deceased C owned a deposit amounting to KRW 93,049,209, KRW 3rd 47,500,000 in addition to several parcels of land at the time of death, and KRW 468,346,40 in the fish farm of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including the number of evidence available), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion that he/she had deposited KRW 293,029,865 at the time of death, but the Defendant brought the entire deposit amount to the Plaintiff. As such, the Defendant shall return to the Plaintiff KRW 67,622,277 ( KRW 293,029,854 x 3/13 shares), which constitutes the Plaintiff’s inheritance shares.

If the Plaintiff claims the return of property on the ground of inheritance as alleged above, it is reasonable to view that the substance of the claim is the claim for recovery of inheritance.

B. (1) Determination of the cause of the claim is made by the Deceased.

유사 판례

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