logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.12.11 2019나57602
유류분반환
Text

1. The defendant's appeal is dismissed.

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

3. Paragraph 1 of the judgment of the court of first instance is applicable.

Reasons

1. The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the fact-finding and judgment of the court of first instance are justifiable even if the evidence submitted

Therefore, the reasoning of this court concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for dismissal or addition as follows. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The second part of the judgment of the first instance was “Fame.......” Then, the second part of the judgment added “(The remaining 19/31 shares out of each of the instant real estate were owned by Nonparty N (1/31),O (1/31), Defendant (5/31), P (4/31), Q (4/31), and R (4/31).”

(b) Each “Defendant” in the first instance judgment of the first instance shall be deemed to be “Plaintiff”; the “Plaintiff” in the seventh instance shall be deemed to be “Defendant”; and the “Defendant shall have been repaid by the Defendant” in the seventh instance judgment of the first instance shall be deemed to be “Defendant”; and the “Defendant shall have been repaid by the Plaintiff.”

C. The error in the calculation of the first instance judgment is as follows.

1) The fifth and fifth conduct of the first instance judgment “71,963,100 won” is deemed to be “71,963,170 won” (=8,293,170 won - 12,30,000 won). 2) The fifth and sixth conduct of the first instance judgment “468,509,545 won (= 540,472,645 won - 71,963,100 won)” is deemed to be “468,509,475 won (= 540,472,645 won - 71,963,170 won).

3) “448,185,558 won” in the fifth sentence of the first instance judgment is “448,185,488 won” in the fifth sentence of the first instance judgment (i) “448,185,488 won” (i) “0 won of the amount of active inherited property indicated in paragraph (2) - KRW 468,509,475 won - (iii) “20,323,987 won of the amount of inherited property indicated in paragraph (3) - (iv) “24,416,766 won” in the seventh sentence of the third sentence of the third sentence of the first instance judgment [24,416,76 [20,323,987] - 0- (20,323,987]; “244,416,731 won [48,185,488 won x 1/2].”

5. "24,092,779 Won 24,416,766 Won - 20,323,987" = 224,092,744 won = 244,419,731 won - 20,323,987 Won - "18 of the first instance judgment".

2. If so, the plaintiff's claim is reached.

arrow