유류분반환
1. The judgment of the first instance court, including the primary claims extended in the trial against the Defendants, is as follows.
The Defendants’ determination as to the main safety defense of the Defendants asserted that the Plaintiffs’ appeal is unlawful because the period of appeal exceeds the period of appeal, since the Plaintiffs received a certified copy of the judgment of the first instance court on July 15, 2014, and thereafter filed the instant appeal on July 31, 2014.
The fact that the plaintiffs' attorney at the first instance court was issued a certified copy of the judgment by the court of first instance on July 15, 2014, and the fact that the plaintiffs filed an appeal on July 31, 2014 is significant in this court.
However, according to Article 210 (2) of the Civil Procedure Act, a written judgment shall be served as an authentic copy, and even if the legal representative of the plaintiffs was issued a certified copy of the written judgment from the court of first instance, the period of appeal shall not proceed.
Rather, the legal representative of the plaintiffs in the first instance court served the original copy of the judgment on July 17, 2014 is significant in this court. The appeal period of two weeks under the main sentence of Article 396(1) of the Civil Procedure Act is proceeding from that time. On July 31, 2014, when the plaintiffs filed an appeal, the fact that two weeks have not elapsed from that time is apparent, and thus, the plaintiffs' appeal is lawful.
Therefore, the main defense of the Defendants is without merit.
Facts of recognition
The deceased H (hereinafter “the deceased”) married with I on April 7, 1966 and divorced on February 21, 1969 with the Plaintiffs as their children. On February 28, 1972, Defendant E, F, and G were married with Defendant D, and died on August 4, 201.
The real estate listed in the separate sheet No. 2,508,145,100 of the value of the kind (the base date of commencement of inheritance, unit cost) real estate (hereinafter “the instant O real estate”) listed in the separate sheet No. 2,2,50 of the real estate (hereinafter “the instant P real estate”) 14,731,590 in total 3,201,072,490 in the deposit account of the Bank of Korea (hereinafter “the instant deposit claim”) 14,731,590 in total, 3,201,072,490 at the time of the deceased’s death, the property registered in his name is as follows.