소유권이전등기
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. The reasoning of the court’s explanation as to this case is as follows, except for the determination as to the newly disputed part as to the grounds for appeal by the Defendants, and therefore, it is consistent with the reasoning of the judgment of the court of first instance pursuant to the main sentence of Article 420 of the Civil Procedure Act.
2. Determination on the grounds for appeal by the Defendants
A. The Defendants, the deceased’s heir of the deceased, were infringed upon due to the gift of each of the instant real estate to the Plaintiff, and the Defendants exercised their right to claim the return of the legal reserve around October 2015.
Therefore, since the gift contract of this case was invalidated within the extent of infringement of the defendants' legal reserve of inheritance, the defendants can refuse the plaintiff's request for the transfer of legal reserve of inheritance of each real estate of this case.
B. (1) Article 1113(1) of the Civil Act provides that “The legal reserve of inheritance shall be calculated by adding the value of the property at the time of commencing the inheritance of the inheritee to the value of the property at the time of commencing the inheritance, and by deducting the total amount of the debt,” and the specific method of
[Calculation Method] Shortage in the legal reserve = [Calculation Method of Shortage in the legal reserve] = (The basic amount of property calculated as the legal reserve x (A) x the ratio of the person holding the right to the legal reserve / (C) - The net amount of inheritance (D) of the person holding the right to the legal reserve / The amount of inherited property / The amount of inherited property / B = the amount of inherited property / The amount of inheritance debts / the amount of property increased by inheritance / the amount of inheritance / the amount of inherited property acquired by the person holding the right to the legal reserve / the amount of inherited property - the amount of inheritance share - the fact that the person holding the right to the legal reserve owned the real property listed in the list 7 through 17 as of July 5, 2006, which was immediately preceding the death of the deceased, was not disputed between the parties, and the fact that the real property
On the other hand, it is against K appraiser of the court of the first instance.