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(영문) 광주고등법원 2020.07.15 2020나21359
유언무효확인
Text

1. All appeals filed by the plaintiffs are dismissed.

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

Purport of claim and appeal

1.

Reasons

Basic Facts

F On June 4, 2003, on the attached list, a notary public, who bequeathed each real estate listed in the attached list (hereinafter “each land of this case”) and the Defendant of the 3,038 square meters in G, Gwangju Mine-gu, and L 3,020 square meters in size, prepared a testamentary document No. 1249 of G 203 (hereinafter “the testament of this case”) with the content that the deceased’s will by the above notarial deed No. 1249 (hereinafter “the testament of this case,” and the above notarial deed “the notarial deed of this case”).

The F died on October 1, 201 (hereinafter referred to as “the deceased”), and his heir is the Plaintiffs, the Defendant, the I, and the J.

On January 6, 2012, the Defendant completed the registration of ownership transfer based on testamentary gift on October 1, 201.

[Based on the recognition, Gap evidence Nos. 1 and 1 and 2 (including additional numbers; hereinafter the same shall apply), and the purport of the entire pleadings, the plaintiffs asserted by the parties to the lawsuit have no property inherited or donated from the deceased. Since the deceased bequeathed the land of this case to the defendant as a result of the deceased's testamentary gift of each of the land of this case, the plaintiffs' legal reserve was infringed as follows, the defendant is liable to compensate the plaintiffs for the shortage of legal reserve and the delay damages for each of the above money.

Property that forms the basis for calculating the legal reserve of inheritance: 171,597,100 won below the Plaintiffs’ legal reserve of inheritance: 12,256,935 won [12,256,935 won [12,256,935 won = 171,59,597,100 won = 171,597,100 won in legal reserve of inheritance 】 (171,597,100 won in legal reserve of inheritance 】 46,480,275 won in each land value of the instant case calculated as of the date the legal reserve of inheritance commences 】 12,256,935 won in each of the land value of the instant case calculated as of the date the legal reserve of inheritance commences 】 6,256,935 won in each of the instant land value at the date the legal reserve of inheritance commences 】 650,239,107,710 won in each of the instant land and the Plaintiffs against the deceased.

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