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(영문) 대구지방법원 2018.07.04 2017나311112
유류분반환
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 court's explanation concerning the instant case is based on the reasoning of the judgment of the court of first instance.

2) Section 3(b)(3) of the same paragraph shall be amended as follows, and except for the addition of the following judgments as to the Defendants’ assertion, it shall be as stated in the reasoning of the judgment of the first instance. Therefore, it shall be quoted in accordance with the main sentence of Article 420 of

2. The Defendant received KRW 50,575,50 from the deceased, on the ground of the Daegu East-gu Z, etc., and the right to preferentially sell the commercial site was provided to H as a compensation for living measures (the reason why part of the compensation was paid to H has been managing the deceased’s assets by possessing his seal impression and identification card before the consultation on compensation, and even at the time of consultation on land compensation, H, delegated by the deceased, required to receive the deposit of the deceased’s own account because he had consulted on the issue of compensation on behalf of the deceased, even at the time of consultation on land compensation.

A) The first instance court’s inquiry into the head of the Daegu North Korean Land and Housing Corporation’s head of the Daegu Northern District Headquarters of the first instance court, concluded a compensation contract with the Korea Land and Housing Corporation on obstacles to the land incorporated by H (as a result of the reply, the recipient of the compensation can not be deemed to have concluded a compensation contract under the name of the deceased on behalf of the deceased.

The fact that the compensation amounting to KRW 50,575,50 is received, and the fact that the right to sell the land for livelihood countermeasures is recognized.

However, it is reasonable to view that H had concluded a compensation contract with the Korea Land and Housing Corporation and received compensation money because it constitutes a person eligible for compensation for obstacles and satisfies the requirements for receiving compensation money.

The defendants' assertion alone is that the deceased is a person entitled to compensation for obstacles.

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