beta
(영문) 서울고등법원 2018.02.01 2016나2018157

유류분반환

Text

1. The judgment of the court of first instance is modified as follows.

(1) Plaintiff A, ① Defendant D’s KRW 83,302,656, and this.

Reasons

1. The reasoning of the judgment of the court of first instance cited in the instant case is as stated in the reasoning of the judgment of the court of first instance, except for adding, adding, or deleting as follows. Thus, the summary and the attached form are cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. On the fourth page of the part added or deleted, “15,716,752 won deposit claim” is added to “(the foregoing deposit claim includes 33,520 won withdrawn on July 12, 201 from the AZ account of the Deceased’s Suhyup Bank account and 9,867,900 won withdrawn on July 19, 201. The Defendants asserted that the said amount should be excluded from the foregoing deposit claim because it is the card amount used before the Deceased’s death. However, as long as the withdrawal from the account was made after the Deceased’s death, the said deposit claim also includes the deceased’s deposit claim)”.

Part 8 14 "19" shall be added to "17".

Up to 12 pages 10, 100 shall be added to the following:

(1) Determination as to the portion received by Plaintiff A: KRW 700,000,00 (A) The Defendants asserted that Plaintiff A received KRW 700,000,00 from the Deceased, such as cash and certificate of deposit, as indicated in the “The Defendant’s Claim” column, and that Plaintiff A did not receive a donation from the Deceased.

(B) The judgment of the court below: (a) on March 6, 2008, the plaintiff A and the deceasedJ stated that "the parent shall be audited by a miscarriage of KRW 700 million and give up inheritance in the future"; (b) the title "B" was written and made a document (the document No. 1; hereinafter referred to as "the written pledge of this case") which is "written" as mentioned above; and (b) in full view of the purport of the argument in the statement No. 9 of the evidence No. 9, the plaintiff A made and made a document on the same day to the deceased or the defendant D, stating "the details" and "the amount" of No. 1, 2, and 3 of the attached Table No. 4, and the title "the receipt"; and (c) made the document "the receipt"

4.5.