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(영문) 서울동부지방법원 2017.12.20 2015가단129213

소유권이전등기말소

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1. As to the 3/38 share of each of the real estate listed in the separate sheet to Plaintiff H, Plaintiff A, C, D, E, F, respectively.

Reasons

1. Relocation registration of the defendant's future;

A. J died on January 17, 2008, and Plaintiff H is its wife, the rest of the Plaintiffs and the Defendant are their children.

B. Each real estate listed in the separate sheet (hereinafter referred to as “1, 2, 3, and 4”) was owned by the J. In the future, each transfer registration of ownership was completed on the date of donation on January 10, 2007 by reason of donation on March 5, 1991 for the land 1, 2, 3, and 4 on January 21, 2005.

[Reasons for Recognition] Unsatisfy, Gap evidence 1-1 to 4, the purport of the whole pleadings

2. The parties' assertion

A. Since the defendant received the real estate 1 through 4 from the plaintiff, the plaintiff's share of inheritance was infringed, the plaintiff's return of legal reserve of inheritance is demanded

B. Each of the above real estate by the Defendant was merely a donation of the grounds for registration, not a donation, but the Defendant purchased KRW 16.3 million from J, and thus, it does not infringe the Plaintiffs’ legal reserve of inheritance.

Since around October 2010, the plaintiffs knew that they were donated to the defendant, the plaintiffs' claim for the return of forced inheritance terminated by prescription at the time when one year has elapsed from that time.

If the claim for the return of legal reserve of inheritance is recognized, it should be included in the calculation of basic property and shortage of legal reserve of inheritance of KRW 30,30,000,000,000 paid to Plaintiff G, KRW 26,000,000,000,000 and KRW 30,000,000 that Defendant D borrowed under the name of J, in total.

3 Real estate plays a role in mountain, and it is not appropriate to divide it into real estate in kind because 4 real estate has a one-time worship.

3 Since 1 information(3,000) out of real estate has succeeded to gold and forest land, it is not subject to the claim of return of legal reserve of inheritance.

3. Determination

A. The real estate registration that occurred in relation to the right to claim the return of legal reserve is presumed to have been completed by legitimate grounds for registration from the fact that it exists formally.

In addition, on January 10, 2007, the first and second lands, the transfer registration of which was completed in the defendant's future, are donated on March 5, 191.