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The judgment of the first instance court shall be amended as follows upon the claim that was changed by exchange in this court.
A. The defendant is the defendant.
Reasons
Basic Facts
This Court's reasoning is as stated in Section 1 of the Reasons for the Judgment of the first instance (Article 420 of the Civil Procedure Act), in addition to adding the following matters, and adding the following matters to Section 3, 5 of the judgment of the first instance, and Section 6 of Chapter 3.
The term “paragraph (e)” refers to Paragraph (e).
"D."
On the other hand, on December 4, 2007, the deceased transferred 10,000,000 won to the plaintiff A, 10,000,000 won to H, and 8,00,000,000 won to the plaintiff B and the plaintiff C respectively to donate the above money to the plaintiffs and H.
In the first instance judgment No. 4, 5 of the first instance judgment, “each description of the evidence No. 1” is deemed to be “each description of the evidence No. 1 and No. 3”.
The summary of the plaintiffs' assertion that the deceased donated real estate Nos. 1 and 2 of this case that he owned to the defendant, and that the legal reserve of inheritance was infringed upon by transferring the purchase price of KRW 135,830,000,000,000, which was 251 square meters prior to the Daejeon Sung-gu AA, Daejeon, the deceased owned by the defendant. Thus, the defendant shall return the shortage of the plaintiffs' oil to the defendant. In case there are several objects of donation, the return of the original property is proportional to the subject of donation. Thus, the defendant is obligated to perform the registration procedure for transfer of ownership due to the return of the legal reserve of KRW 1/35 with respect to the real estate No. 2 of this case. 4,639,835 won and delayed damages for the acquisition price of the real estate and the portion of the donation of the money, respectively.
Defendant Deceased donated each of KRW 10 million to Plaintiff A and Plaintiff C, and KRW 12 million to Plaintiff B, and thus, there is no shortage in legal reserve of inheritance against the Plaintiffs.
Judgment
The reasoning of this Court’s reasoning is as follows, except for dismissal or addition as follows: (a) No. 3 of the reasoning of the judgment of the first instance is same as that of the judgment of the court of first instance (Article 420 of the Civil Procedure Act). (b) No. 5 of the judgment of the court of first instance, 10 of the following additions.
In calculating the amount of legal reserve of inheritance, the market price of the property donated shall be determined at the time of commencement of inheritance.