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(영문) 서울고등법원 2019.07.04 2018나2075628
유류분반환등
Text

1. The defendant's appeal against the plaintiffs is dismissed.

2. The costs of appeal shall be borne by the Defendant.

purport, purport, and.

Reasons

The reasoning of the judgment of this court, which cited the judgment of the court of first instance, shall be determined as follows, and the reasoning of the judgment of the court of first instance is as follows, except for the addition of the judgment on the argument that the defendant emphasized or added in the trial, as set forth in paragraph (2), and therefore, it shall be cited as it is in accordance with the main sentence of Article

Part 7 4 "one-eightth of 89,726,243, the total amount of 717,809,950)" shall be added to "89,726,243, the sum of which is 717,809,950 won, the sum of which is 89,726,243 won, the sum of which is less than KRW 717,809,950)".

Each recipient column of No. 3 through 5 of the No. 16 table shall be subject to the application of "BR" as "BE".

The summary of the defendant's argument that the deceased's additional decision is that in order to distribute the property to the plaintiffs and the defendant before their birth, the defendant, who is a son, donated each of the real estate of this case to the defendant, and the plaintiffs, who are sons, are giving up the land of this case, which is under title trust in the future

Therefore, the land of this case should also be included in the inherited property for calculating the legal reserve of inheritance.

As such, in determining whether there was infringement of the legal reserve of inheritance by including the land of this case (2,483,358,000 won at the market price appraisal) donated only to the plaintiffs, the legal reserve of inheritance was not infringed at all.

(1) The deceased purchased the above land and completed the registration of ownership transfer under the name of the defendant, as well as the fact-finding of the first instance court, with the Defendant’s own funds and concluded a sales contract under the Defendant’s name. The deceased’s purchase of the above land and completed the registration of ownership transfer under the name of the defendant.

Therefore, the land should be excluded from the basic property in calculating the legal reserve of inheritance.

(2) The appraisal result of the first instance court is merely considered only at the time of donation, and the market price of each real estate of this case has been illegally selected by wrong selection of comparative standards without due regard to the current status of land (such as subdivisions, cancellation of legal restrictions, etc.). The market price of each real estate of this case at the time of commencement of inheritance is the same as that

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