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(영문) 수원지방법원여주지원 2015.05.14 2013가합3216

소유권이전등기 등

Text

1. As to the Plaintiff E’s share of 8,986,043/161,352,000 square meters in Ischeon-si, Leecheon-si, H-si, and 11,951,977.

Reasons

Basic Facts

A. Inheritance-Related Plaintiffs A, E, Network I (Death on July 3, 2006), and F are children of the J (hereinafter “the deceased”), who died on October 22, 2013, and Plaintiff B, C, and D are the successors of the above I, who are the substitute successors of the deceased, and the Defendant is the wife of the deceased who married with the deceased on June 21, 199.

B. On October 22, 2013, the deceased’s inherited property owned the following inherited property at the time of death.

Agricultural Cooperative claims in the name of the deceased: Buildings not registered on the ground of 972 square meters in Leecheon-si, Leecheon-si (hereinafter “instant land”): No inheritance obligation of KRW 55,64,960 at the market price as at the commencement date of inheritance:

C. (1) around February 1988, the deceased purchased 6,003 square meters under the name of the plaintiff A from Echeon-si, Leecheon-si, and donated the registration of transfer of ownership on March 3, 198. The plaintiff A sold the above land to 308,720,000 won on October 20, 2008.

(2) On January 2, 1999, the Deceased donated KRW 10 million out of the traffic accident insurance proceeds to Plaintiff E.

(3) On January 3, 2002, the Deceased donated the instant land to the Defendant, and completed the registration of ownership transfer on January 4, 2002 to the Defendant.

(4) From the Agricultural Cooperative Account of the Deceased, the sum of KRW 100 million on April 23, 2013 and KRW 200 million on April 30, 2013 was transferred to the Defendant’s account.

On April 24, 2013, the Deceased of L land sold to Q. M. M. M. 1,057 square meters, N. 2,450 square meters, O 2,513 square meters, P. P. 1,728 square meters (hereinafter “L land”), and the sales price under the sales contract is KRW 30 million.

【Non-contentious grounds for recognition】In the absence of a dispute, Gap evidence Nos. 1-8 (including branch numbers in the case of additional numbers; hereinafter the same shall apply), Eul evidence Nos. 1-4, 6, 7, 8, and 10; the result of this court’s entrustment of appraisal to the HDDR Co., Ltd.; and the result of an entrustment of supplementary appraisal; the purport of the whole pleadings

2. The parties' assertion

A. The defendant obtained special benefits from the deceased's donation of the land of this case from the deceased, thereby enjoying the plaintiffs' legal reserve of inheritance.