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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. The deceased L (hereinafter “the deceased”) died on October 6, 2017. The deceased’s heir is Nonparty C, Nonparty N, Plaintiff D, Plaintiff E, Plaintiff A (the former name:O), Plaintiff F, Defendant B, Plaintiff G, and Nonparty P, who are the deceased’s spouse.
B. N, a dependent on the deceased, died on September 27, 2015, and N’s heir, the deceased’s spouse, Plaintiff I, J, and Plaintiff K, who is the deceased’s spouse.
C. At the time of death, the Deceased had active property of KRW 1,071,00, including ① 1st (178,200 at the market price as of October 6, 2017) and ② 5th (892,800 at the market price as of October 6, 2017) of R forest and fields.
On the other hand, there is no inheritance obligation revealed at the time of death of the deceased.
Attached Form
The registration of ownership transfer was completed under the name of the deceased on May 26, 2008, and the Defendant completed the registration of ownership transfer based on donations on October 14, 1994, pursuant to the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 7500, hereinafter “Special Measures Act”).
The plaintiffs asserted that the defendant was donated to Jinju TWT 317 square meters from the deceased's birth. However, according to the evidence Nos. 1 and 5-4 of evidence Nos. 1 and 5-4, it can be known that the above real estate was donated to the defendant on May 2, 1986 by the plaintiffs and U who is the father of the defendant. Thus, the above real estate cannot be deemed as property donated to the defendant by the deceased.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 6 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Since the plaintiffs' assertion that each of the real estate in this case was donated to the defendant before his birth infringed on the plaintiffs' legal reserve of inheritance, the defendant is obligated to pay each amount equivalent to the value of the real estate the restoration of which is impossible due to the return of the legal reserve
The plaintiffs shall modify the purport and cause of the claim on August 23, 2018.