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1. Of the judgment of the court of first instance, the part against the Defendants against the Plaintiff, which exceeds the subsequent part ordering performance.
Reasons
Basic Facts
The deceased G (H students, hereinafter “the deceased”) died on November 28, 2015.
As the inheritor of the deceased, the Plaintiffs and the Defendants are children.
The Deceased completed the registration of ownership transfer for each real estate listed in the attached list to the Defendants, as shown in the same list.
[Ground] The absence of dispute over the legal reserve of inheritance: Gap 1 through 3, and evidence Nos. 6 through 11; shortage in determination of the overall purport of pleadings = [A] 】 Special benefit amount of the person holding the right to the legal reserve of inheritance 】 (C) - The net benefit amount of the person holding the right to the legal reserve of inheritance - Eul / The amount of inheritance debts - Eul / the spouse / the amount of inheritance debts / the amount of inheritance debts 1/23 / the amount of the property acquired by the person holding the right to the legal reserve of inheritance - the legal reserve of inheritance amount of the property calculated by adding the value of the property at the time of the commencement of inheritance to the value of the property of the deceased at the time of the inheritance, deducting the amount of inheritance debts / the amount of the basic benefit of the inheritance at the time of the commencement of inheritance where there is a person who has made special benefit from the inheritance from the deceased person with the right to the legal reserve of inheritance / the amount of inheritance before the commencement of inheritance shall be calculated based on the value of inheritance.
(see, e.g., Supreme Court Decision 95Da17885, Feb. 9, 1996). Positive inheritance and inheritance obligation, and the fact that there was no positive inheritance and inheritance obligation at the time of the death of the deceased, there is no dispute between the parties.
The amount of donation is the plaintiffs.