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(영문) 제주지방법원 2011.06.02 2010나873
유류분반환
Text

1. The Plaintiff’s conjunctive claim, which was added at the trial after remand, dismissed the Plaintiff’s lawsuit against Q. Q. 357 square meters in Jeju-si.

2...

Reasons

1. The scope of the judgment of the court of first instance filed a claim against the Defendants jointly inherited the deceasedJ’s properties at the court of first instance and the co-defendant C at the court of first instance for the return of the Plaintiff’s forced reserve of inheritance among the real estate Nos. 1, 2, and 3 of this case. The court of first instance accepted the claim against Defendant E (the entire part of the real estate No. 1 and 3 of this case) and the claim against Defendant D for the portion of the real estate No. 1 of this case against Defendant D, and partly accepted the claim against Defendant B, D, F, and G for the part of the claim against

With respect to this, only the Defendants appealed, and this Court received only part of the appeal by Defendant F and G, and dismissed both the remaining appeal by the said Defendants and the appeal by Defendant B, D and E.

Therefore, only the Defendants appealed, and the Supreme Court reversed the part concerning Defendant B and D, and the part concerning Defendant F and G loss among the part concerning Defendant B and D, and the part concerning Defendant E, and the part concerning Defendant F and G loss, and remanded it to this Court.

Therefore, the part of the Plaintiff’s claim of this case against Defendant E concerning the third real estate of this case is finalized, and the scope of this court’s trial after remand is limited to the part of the above reversal and return, that is, to the part concerning Defendant B, D, F, G and Defendant E.

2. The gist of the Plaintiff’s assertion was that the deceased J only donated or bequeathed land Nos. 1, 2, and 3 to the Defendants, the co-inheritors except the Plaintiff, and C, and the Plaintiff’s legal reserve of inheritance was infringed. The specific legal reserve of inheritance infringed upon by the Plaintiff is 386.3 (5,408 square meters x 1/14) out of the land No. 1 of this case, shares in 386.3 (5,408 square meters x 1/14), shares in 395.5 percent (5,537 square meters x 1/14), and shares in 14 out of the land No. 3 of this case.

Therefore, Defendant E, D, and Defendant B, D, F, and G, the donee of the land of this case, and Defendant E, the donee of the land of this case, according to each ratio of infringement of legal reserve of inheritance. Defendant E, the donee of the land of this case, and Defendant E, the donee of the land of this case, shall be 14 percent.

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