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(영문) 서울고등법원 2020.12.10 2020나2016738
유류분반환
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant), Plaintiff B, C, and D and the appeal filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2...

Reasons

1. Demand for principal lawsuit:

A. The reasons why the appellate court cited in the judgment of the court of first instance stated in this case are as follows;

C. In addition to adding a claim, the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, thereby citing it as it is in accordance with the main sentence

B. The Defendant’s assertion and determination as to the portion of the claim for the return of the legal reserve of inheritance (1) were made by the first instance judgment with the Plaintiff’s preliminary claim (the claim for the return of legal reserve of inheritance) and with the order for the transfer of co-ownership shares. However, it is reasonable to take the method for the return of the value since the dispute may arise if the Plaintiff and the Defendant jointly share the instant real estate with their co-ownership. Therefore, in the event that the Defendant bears the obligation for the return of legal reserve of inheritance to the Plaintiff A, the Defendant’s loan claim against the Plaintiff A, claiming for the return of legal reserve of inheritance of inheritance, is set off against the amount equal to

(2) First, we examine the above claim (1).

Although the Civil Act recognizes the system of legal reserve of inheritance and provides for the method of returning the legal reserve of inheritance, there is no separate provision regarding the method of returning the legal reserve of inheritance of inheritance of inheritance of inheritance of inheritance of inheritance of inheritance of inheritance of inheritance of inheritance of inheritance of inheritance of inheritance of inheritance of inheritance of inheritance of inheritance of inheritance of inheritance of inheritance of inheritance of inheritance of inheritance of inheritance of inheritance of inheritance of inheritance of inheritance of inheritance of inheritance of inheritance of inheritance of inheritance of inheritance of inheritance of inheritance of inheritance of inheritance of inheritance of inheritance of inheritance of inheritance of inheritance of inheritance of inheritance of inheritance

(See Supreme Court Decision 2005Da71949 Decided May 26, 2006, etc.). Meanwhile, in cases where a third party acquires the right of mortgage, superficies, etc. with respect to the subject matter after the donation or testamentary gift, the return of the subject matter may be returned to the person liable for return by restoring the subject matter in a state where the restriction on mortgage, etc. is nonexistent because it is impossible or substantially difficult

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