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(영문) 서울남부지방법원 2019.11.08 2018나67907
유류분반환
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

3.For the purposes of this Court.

Reasons

1. The court's explanation concerning this case is the same as the written reasoning of the judgment of the court of first instance, in addition to the following matters concerning dismissal or addition of the court's decision, and thus, it is citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2.In addition, the following shall be added to the seventh and thirteenth sentence of the first instance court:

In addition, in full view of the purport of the written evidence No. 24 and the entire pleadings, the fact that the deceased J, as well as the Defendants’ attached, died on October 19, 2008, the fact that the ownership transfer registration was completed on January 12, 2018 with respect to each of the 1/7 shares statutory inheritance under the names of the Plaintiffs and the Defendants, including the Defendants, on the ground of inheritance as of October 19, 2008, with respect to the land of 1,282 square meters prior to R, Si-si, Si-si, Si-si, 587 square meters of Si-si, Si-si, and 315 square meters of Si-si, Y (hereinafter “each real estate in Si-si”), which is the inherited property of the deceased J. 24.

However, since the deceased, who is the deceased's spouse, died on November 11, 2016, after the deceased J died, the deceased's heir had ownership of 3/17 shares of the deceased's legal portion of inheritance among each real estate at the time of the deceased's death.

Therefore, 3/17 shares of each real estate held by the deceased at the time of his/her death, and according to the result of the appraisal entrustment with the U.S. of this court, since the value of each real estate during Silung-si is a total of 120,234,00 won as of the time of his/her death, the value of the property owned by the deceased at the time of his/her death is 21,217,764 (=120,234,000 x 3/17).

Ultimately, the value of the deceased’s active property, which is the basis for calculating the legal reserve of inheritance in this case, is the sum of KRW 1,029,39,339 (=21,217,764).

Between the 8th sentence and 5th sentence of the first instance court are as follows.

Part 3 to Part 5 of the decision of the court of first instance is not sufficient, and Part 22 of the document and Part 22 of this Court is M Bank.

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