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(영문) 광주지방법원 2020.09.11 2020나52497
유류분반환 청구의 소
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

1. Purport of the claim.

Reasons

1. The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the argument in the court of first instance, and even if all evidence submitted in the court of first instance and the court of first instance are examined, the fact-finding and the judgment of the court of

Therefore, the reasoning of the judgment of the court of first instance is identical to the reasoning of the judgment of the court of first instance, except for a part of the judgment of the court of first instance being dismissed or added as follows. Thus, it is citing it as it is in accordance with the main sentence of

2. On the 2th judgment of the court of first instance, the phrase "this court" in the 19th judgment shall be applied to the part of the court of first instance which is used or added to the court.

In the fourth sentence of the first instance court, the following parts shall be followed: “BF apartment: 150,000,000 won”:

The defendant alleged that the money remaining after deducting KRW 14,765,480 from the amount of 83,00,000 sold a D apartment, and the money that the defendant personally provided to the deceased was sold in the name of the deceased, and that the defendant subsequently received the sale of a F apartment under the name of the deceased, which was merely a type of donation that the defendant would have cancelled and returned the title trust to the deceased, and thus, the F apartment does not constitute donated property. However, according to the evidence No. 2-1, No. 4 of the evidence No. 2-1, No. 4 of the document No. 2-1, the defendant withdrawn from the HB bank account in the name of the defendant on September 30, 2005 and paid KRW 6,00,000 as the down payment of the F apartment as the down payment of the F apartment. However, this circumstance alone is insufficient to recognize the fact that the defendant acquired the F apartment with the money received by the defendant after selling D apartment, and there is no other evidence to accept the above defendant's assertion.

On the other hand, the defendant shall bear hospital expenses, medical appliances purchase, funeral expenses, funeral expenses, and real estate and cash donated by the deceased, which are jointly borne by the inheritors in supporting the deceased.

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