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Reasons
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(영문) 서울고등법원 2016.04.15 2015나2040485
착오상속에 의한 고유재산반환
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1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasons why the court should explain this part of the facts of recognition are as follows: “The head of Yeongdeungpo District Tax Office imposed a gift tax of KRW 344,249,211 on the Plaintiff on August 1, 2008, and revoked it on January 5, 2015 upon the Plaintiff’s objection. The head of Yeongdeungpo District Tax Office imposed a gift tax of KRW 344,249,211 on the donated portion on August 1, 201, 208 after the agreement on the division of inherited property of this case, but revoked it on January 5, 2015 pursuant to the main sentence of Article 420 of the Civil Procedure Act.”

2. Determination on the cause of the claim

A. 1) The plaintiff, the defendant, and D, caused the plaintiff's mistake, thereby including the above money in inherited property with the knowledge that the plaintiff had received advance donation from the deceased, and thereby making an agreement on the division of inherited property of this case unfavorable to the plaintiff and in favor of the defendant on the premise that the plaintiff had received such advance donation. Since the above money was confirmed upon revocation of the disposition imposing gift tax on the plaintiff, the above money cannot be included in inherited property from the beginning because it was not a advance donation. Thus, on the ground of these errors, the agreement on the division of inherited property of this case should be revoked, and accordingly, the part of the advance donation should be returned to the plaintiff, or the defendant should be deducted from the advance donation inherited property, and the defendant should be revised to return the money stated in the principal claim to the plaintiff.

B. As to the scope of return, the Plaintiff received KRW 4,189,89,894,817 on the premise that the total inherited property was KRW 15,149,778,91 through the agreement on the division of inherited property of this case, but is inherited property owned by the Plaintiff.

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