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(영문) 대구고등법원 2018.12.21 2017나25599
유류분반환
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following portions for appellant shall be revoked, and the above revoked part shall be revoked.

Reasons

1. Basic facts

A. On May 19, 2016, E died, and five persons, including the Plaintiffs, Defendant, and F, who were children of E (hereinafter “the deceased”), jointly inherited the deceased’s property.

B. On December 2003, the Deceased owned the land indicated in No. 1 (hereinafter “the land before replotting”) and the land indicated in No. 2, No. 3, and No. 4 (hereinafter “the land before replotting”) among the “land before replotting” in the “Real Estate Replotting List” in the “Land Before Land Substitution List” (hereinafter “the land above three parcels”) located in the Jeonsan-si at the time of the Jeonju-si.

Since the implementation of an urban development project around 2008, the land No. 1 prior to the land substitution was the land indicated in No. 1 from among the “land after the land substitution” (hereinafter “first land after the land substitution”) and the land No. 2 before the land substitution was the land indicated in No. 2 from among “after the land substitution” (hereinafter “second land after the land substitution”).

After the sequence of land before replotting, 1 J 1 J 516㎡ 1 G 748.8m2 K 2 K 3,835m2 L roads of 122m2m2 and 4 M roads of 382m2m2 m2 H 382.6m2 m2,000 m2,0000 m2.6m2 after replotting.

C. The Deceased donated part of the land Nos. 1 and 2 before and after the substitution as indicated in the following table to the Defendant and F, who is the deceased’s children.

On December 30, 2003, December 29, 2003, on December 29, 2003, 1/2 shares of the land No. 1/2 in the donee No. 1 land before the date of registration of transfer of the donation date of the donation subject to the No. 3 substitute lot No. 2 after Defendant 3 substitute lot No. 3 substitute lot No. 2 after December 30, 2003; and on December 30, 2003, May 20, 2009

D. On November 23, 2009, the Defendant and F completed the registration of transfer of shares based on trade in the name of a third party with respect to each one-half share of the second land after replotting.

On May 6, 2010, the deceased and the defendant completed the transfer registration of shares based on sale in the third party's future with respect to each one-half share of land No. 1 after replotting.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-1, 2, 2, and 3-2, the purport of the whole pleadings

2. The plaintiffs' assertion that they donated real estate owned by the deceased to the defendant, thereby having the right to the legal reserve of inheritance.

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