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(영문) 대전고등법원(청주) 2017.11.14 2017나5649
소유권이전등기
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasoning of the court of first instance’s explanation as to this case is as follows, except for the revision of part of the judgment of the first instance as follows, according to the Defendants’ assertion emphasized or added by this court, the part of the judgment of the first instance is identical to that concerning the Defendants in the judgment of the first instance. Thus, it is acceptable as it is in accordance with the main sentence of

2. The modified part of the judgment of the first instance court, “Defendant C” and “Defendant F” shall be amended to “Codefendant C of the first instance trial” and “Codefendant F of the first instance trial.”

The written judgment of the first instance court shall be amended from 3rd to 8th 10th eth eth eth eth eths as follows:

(2) The registration of transfer of ownership was completed on July 18, 1969 in the name of G on August 1, 1969 with respect to the real estate listed in paragraph (1) of the attached Table No. 1 of the attached Table No. 1 of the real estate to Defendant D’s donated property (A). The fact that the registration of transfer of ownership was completed on July 29, 1986 in the name of Defendant D and his spouse on July 29, 1986 is either a dispute between the parties, or that the registration of transfer of ownership was completed on July 29, 1986 under the name of Defendant D and K, a spouse.

② The summary of the Defendants’ assertion is K’s donation to K, separate from Defendant D, as K k’s parent, h and h were extremely sealed. This is a donation to a person who is not a co-inheritors, and one year prior to the commencement of the inheritance. As such, the real estate listed in attached Table No. 1 does not constitute a property that serves as the basis for the calculation of legal reserve of inheritance.

(3) Article 1008 of the Civil Act provides, “In cases where there is a person who received a gift or testamentary gift of property from an inheritee among co-inheritors, if the gift property does not reach his/her own share of inheritance, the portion deficient shall be inherited to the extent of the portion deficient.” As such, taking into account donation or testamentary gift in the calculation of the share of inheritance in principle, is limited to cases where an inheritor receives testament

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