유언대용신탁과 유류분반환청구 - 수원지방법원 성남지원 2020. 1. 10. 선고 2017가합408489 판결을 중심으로 -

Abstract

The Trust Act allows a person designated as a beneficiary to acquire beneficiary rights in the event of the death of a consignor as a trust act, or to determine the details of the beneficiary receiving a limited payment on the trust property after the consignor's death as a trust act. This is called will-substitute trust in the sense that the trust can be used on behalf of the will, and although the Trust Act does not specify this in detail, the person designated as the beneficiary and the beneficiary must be conceptually distinguished from each other, and the rights relationship and legal relationship between the two are different. If so, it is necessary to first examine the type of will-substitute trust in relation to whether the will-substitute trust is subject to a claim for the return of the legal reserve, and specifically examine whether the trust property is subject to the claim for the return of the legal reserve according to the type. However, the target judgment determines whether or not the legal reserve of inheritance is infringed based on the registration of the transfer of ownership to the trustee in relation to the "gift included as the basis for calculating the legal reserve of inheritance", and the view of this precedent is that the subject of the claim for the return of the legal reserve of inheritance may neutralize the act of establishing the trust itself and infringe on the independence of the trust property. Therefore, the judgment on whether the legal portion of the legal portion of the legal portion of the legal portion of the legal portion of the heir was violated shall be based on whether the legal portion of the legal portion of the legal portion of the heir was violated due to the death of the trustee and the beneficiary or the trust property was finally transferred to the beneficiary or the vested right. If so, in principle, the subjective object of infringement of legal reserve of inheritance will be the beneficiary, and very exceptionally, the trustee may be the target. Furthermore, the question of whether the objective object of infringement of legal reserve of inheritance is trust property or beneficiary right depends on whether the beneficiary's legal reserve of inheritance infringement is the original trust property or exists in the form of a specific beneficiary right. Since the beneficiary right that can be transferred can be recognized as a property right, if there is an infringement of the legal reserve of inheritance, the beneficiary right must also be included in the basic property of the legal reserve of inheritance.