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The judgment below
The part against the plaintiffs is reversed, and that part of the case is remanded to Daejeon District Court Panel Division.
Reasons
The grounds of appeal are examined.
1. The court below, based on adopted evidence, killed on October 5, 2003 by the deceased J. The joint plaintiff F, the defendant, the co-defendant of the court of first instance, and the deceased's co-defendant K as the deceased's heir; on May 16, 1997, the deceased prepared a testamentary gift document to legacy L land to the defendant; on October 5, 2003, the defendant and K completed the registration of transfer of ownership for each of the above Q Q land on the basis of the above testamentary gift on October 5, 2003; on the basis of the above notarial deed, the value of the property used as the basis for calculating the legal reserve of inheritance of the plaintiffs was KRW 576,316,100, K was deducted from the above L's legal reserve of inheritance amount to Gap, and the plaintiffs were to receive 3/15 shares from the above L's legal reserve of inheritance amount to the remaining plaintiffs, and thus, the plaintiffs were to receive the above legal reserve of inheritance amount by deducting the plaintiffs' share amount from the above legal reserve of inheritance amount.
2. However, this decision of the court below is not acceptable for the following reasons.
First of all, as the decision of recommending reconciliation in the first instance court became final and conclusive, the share in the above L land that the plaintiffs agreed to receive from K is not a donation or testamentary gift from the decedent, so it cannot be viewed as a special benefit under Article 108 of the Civil Act applied mutatis mutandis by Article 1118 of the Civil Act.
Nevertheless, the court below, considering this as the special profit of the plaintiffs and deducted it from the calculation of shortage in legal reserve of inheritance. Thus, the court below erred by misapprehending the legal principles on special profit to be deducted when calculating shortage in legal reserve of inheritance.