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(영문) 서울서부지방법원 2015.12.10 2015가단214366

소유권이전등기

Text

1. The defendant is against the plaintiffs:

(a) Appendix 1.B.

5. With respect to shares of 1/12 of each of the real estates to be entered, April 2015.

Reasons

1. Shortage in the calculation method of shortage in the legal reserve of inheritance = [A] (the amount of property that forms the basis for the calculation of the legal reserve of inheritance ¡¿ the ratio of the person with the right to the legal reserve of inheritance (B)] - the amount of special benefit of the person with the right to the legal reserve of inheritance (C) - the amount of net

2. The amount of property that forms the basis for the calculation of the legal reserve of inheritance;

A. As there is no inherited property or inheritance liability due to the death of the deceased F, the list 1. to be donated by the deceased to the defendant as property constituting the basis for calculating the legal reserve of inheritance.

5. There are 305,000,000 square meters in each real estate as indicated in each real estate and Gyeonggi Pyeong-gun G field (around December 4, 2013, trading price is KRW 305,00,000, and the same shall also apply to the value at the time of the closing of the instant argument).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 13 (including provisional number), the purport of the whole pleadings

B. As to the plaintiffs' assertion and judgment (1) regarding the plaintiffs' assertion, the plaintiffs are attached Form 6.2 to the defendant on August 20, 2001, sold by the deceased to the defendant.

8. Each of the real estate claims that it should be included in the property, which is the basis for calculating the legal reserve of inheritance.

If the registration of ownership transfer has been made on the register of real estate, it shall be presumed that the procedure and cause are justifiable, and the party who asserts the procedure and cause shall be liable to prove it.

(2) According to the evidence Nos. 11 through 13 (including the serial number) of the defendant's name on August 20, 201, each of the real estate listed in the separate sheet Nos. 11 through 13 can be recognized as having been registered on August 21, 2001. The defendant can be presumed to have lawfully purchased each of the above real estate from the seller and acquired it. The above presumption Nos. 14 and 18 are sufficient to recognize that the deceased donated each of the above real estate to the defendant by reversal of the above presumption.