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(영문) 부산고등법원 2015.12.02 2015나779

지분이전등기절차이행 등

Text

1. Of the judgment of the court of first instance, the part against Defendant E, which corresponds to the money ordered to pay below.

Reasons

1. Scope of the judgment of this court;

A. The plaintiffs, primarily, are invalid since the net F (hereinafter "the deceased")'s donation of each of the real estate listed in the separate sheet No. 1 to Defendant D, and each of the real estate listed in the separate sheet No. 2 to Defendant E was made in the absence of mental capacity. Thus, the defendants sought to implement the registration procedure for transfer of shares based on inheritance recovery regarding each of the above real estate's statutory shares among the above real estate. ② The defendants asserted that the Defendants infringed the legal reserve of inheritance, and the defendants sought to return each of the above 150,922,030 won to the plaintiffs, and the defendant E claimed that each of the above 162,249,155 won should be returned to the plaintiffs.

B. As to this, the first instance court dismissed the Plaintiffs’ primary claim on the grounds that there is insufficient evidence to prove that the Plaintiffs made a will in the absence of the capacity of the deceased, and (2) as to the conjunctive claim, the Defendants ordered the Plaintiffs to pay KRW 117,896,987, respectively, and Defendant E to pay KRW 135,359,442, respectively, on the grounds that the Defendants partially infringed the Plaintiffs’ legal reserve of inheritance due to donation or testamentary gift of their properties from the deceased.

C. As to this, the plaintiffs appealed to the part against the plaintiffs among the above (2) preliminary claims, and the defendants filed an incidental appeal against part of the lost part, the scope of this court's trial is limited to the above (2) preliminary claims.

2. The reasoning of the court's explanation concerning this case is as follows, except for the dismissal or addition of each of the following applicable parts of the judgment of the court of the first instance, and therefore, it is consistent with the reasoning of the judgment of the court of the first instance. Thus, it shall be cited by the main sentence of Article 420 of the Civil Procedure Act.

Part 3, "1,053,283,200 won" in Part 11 shall be "1,053,483,200 won".

Part 4, 11, 12 or less "this Court" shall be referred to as "this Court."