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(영문) 서울고등법원 2020.01.16 2019나2012938

소유권이전등기

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

1. The reasoning of the judgment of this court cited in the judgment of the court of first instance is as follows, and excluded from the determination of the defendant's grounds for appeal as set forth in paragraph 2 below, it is identical to the reasoning of the judgment of the court of first instance, and thus, it is also cited by the text of Article 420 of the Civil Procedure Act,

The "attached Form 2" in the 3rd page shall be added to "attached Form 2.".

The Ministry of Agriculture, Food and Rural Affairs No. 6, 15 "Gift" shall be applied to legacy.

2. Judgment on the defendant's grounds for appeal

A. The summary of the grounds of appeal by the defendant is that the legacy in the meaning of compensating for the contribution to the deceased is not a gratuitous disposition, and it does not constitute a special benefit as prescribed by Article 1008 of the Civil Act, and does not include the basic property for calculating the legal reserve of inheritance. Since the J-dong real estate of this case was bequeathed from the deceased in return for the support of the deceased from around 2000, it must be excluded from the basic property for calculating the legal reserve of inheritance. (2) The plaintiffs received a donation from the deceased before the deceased's birth (hereinafter referred to as the "property in dispute of this case") such as the property indicated below (hereinafter referred to as the "property in dispute of this case") from the deceased, and if this is reflected into the deceased's special benefit, there is no shortage of legal reserve of inheritance by the plaintiffs, and therefore the plaintiffs cannot

The deceased on March 31, 1973, the donation method of donated property No. 1-1, Plaintiff A, 98.5 square meters on the donation date of donee, and on March 31, 1973, the deceased on March 21, 1973, transferred each land purchase fund and the new building fund to the Plaintiff on March 21, 1973, the purchase fund of approximately 144.5 square meters in Seoul, Yangcheon-gu P, Seoul, 1-1, and 1-2 land construction fund of KRW 144.5 square meters in Seoul, to the Plaintiff on June 12, 2002, the title of the deceased on June 12, 200, and the land donation No. 2-2-1, on June 12, 2002, to the Plaintiff on June 31, 2015, the ownership of the deceased was destroyed by the Plaintiff on June 3, 2009.