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(영문) 서울고등법원 2016.06.17 2015나26049
유류분반환
Text

1. The defendant's appeal and the plaintiffs' incidental appeal are all dismissed.

2. Costs by an appeal and an incidental appeal.

Reasons

1. The reasoning of the court of first instance’s explanation concerning this case is as follows: (a) the judgment on the allegations of the plaintiffs and the defendant emphasized by the court of first instance is added; and (b) each of the six and seven acts of first instance is deemed to be “influence” under Article 420 of the Civil Procedure Act; and (c) the reasoning of the judgment is as stated in the judgment of the court of first instance, except where each of the six and seven acts is deemed to be “influ

2. The defendant's assertion as to the defendant's assertion also argues that even in the trial of the party, the defendant should deduct the down payment of KRW 200 million received by the plaintiffs from the forced reserve of inheritance or the return value of the defendant's heir, etc., under the agreement among the heir, including the defendant, after the death of the deceased.

In the first instance judgment, the following facts are as follows: “ insofar as the above real estate was sold by auction without the completion of the seller’s duty to pay the real estate, the possibility of returning the above KRW 200 million cannot be ruled out, and it is unclear whether the above amount will be ultimately reverted to the plaintiffs, and the plaintiffs received the above money from the buyer according to a separate sales contract that is not the inheritance itself, and the title ③ real estate itself is evaluated as positive inherited property.” The plaintiffs and the defendant agreed to receive KRW 460 million out of the down payment amount and the remainder that are paid according to the real estate sales contract No. 3 50 million, and the plaintiffs agreed to withdraw the lawsuit of this case. However, the above sales contract was virtually invalidated due to the failure of the plaintiffs to pay the remainder. The down payment KRW 200 million, which the plaintiffs first received, is not a separate disposal act, but a separate disposal act, which is not a inherited property.

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