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(영문) 서울중앙지방법원 2018.09.21 2017나21816

소유권이전등기

Text

1. The judgment of the court of first instance is modified as follows.

The defendant is 49,308,00 among each real estate listed in the attached list to the plaintiff.

Reasons

1. Basic facts

A. Succession 1) C married with D on July 26, 1956 (Death on September 26, 2009) and left the Plaintiff, the Defendant, and E as their children. 2) C died on August 23, 2015 (hereinafter “the deceased”) and the heir as the above children.

B. 1) The deceased did not have active inherited property at the time of the deceased’s death. 2) As to each real estate listed in the separate sheet owned by the deceased, namely, the real estate owned by the Seocho-gu Seoul FF large 230.2m2m2 and each one-fourth of the underground floor above the land, and the fourth-class building above the ground (hereinafter “each real estate of this case”), the deceased bequeathed 7/40 shares (1/40 shares), and 2/40 shares (1/40 shares) to the Defendant (7/40 shares) and E (2/40 shares (2/10 shares) to the Defendant, and accordingly, the Plaintiff, Defendant, and E completed the registration of transfer of shares based on each legacy on October 20, 2015.

3) At the time of the deceased’s death, the market value of each of the instant real estate was 2,875,767,630 won in total (hereinafter “the market value of the real estate”) at the time of the deceased’s death.

4) Meanwhile, at the time of the deceased’s death, each of the instant real estate was concluded as indicated below.

On October 26, 2015, the deposit on the date of concluding a contract for the object of lease, which is one other than G 1 G, on October 26, 2015, 201: (a) 50,000,000 I 301 on March 31, 2015; (b) 30,000,000 on June 30, 201; (c) J 302 on March 31, 2012; (d) 280,000,000,005 K 401 on March 131, 2014; (d) 60,000 L 640,000 L 402 on September 10, 2015; and (e) 50,000,000 each of the arguments were without dispute over each of the following grounds:

2. Determination as to whether the claim for legal reserve of inheritance occurred

A. According to the above facts of recognition of the claim for legal reserve of inheritance, when there is a shortage of the plaintiff's legal reserve of inheritance due to the donation to other co-inheritors or testamentary gift of the deceased, the plaintiff as the inheritor of the deceased, to the extent of the shortage, the defendant as co-inheritors.