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(영문) 대전지방법원 2011.09.16 2010가단22795

소유권이전등기

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On October 5, 2003, the deceased J owned 320.7 square meters (hereinafter “instant real estate”) in Daejeon-gu I, Daejeon-gu, and died on October 5, 2003. The Plaintiffs, Defendant, and K are the successors of the deceased J.

B. On May 16, 1997, the deceased J drafted a testamentary document stating that the real estate of this case and the real estate of this case and the real estate of this case shall be bequeathed to K to the Defendant by the Defendant and K division, and by the notary public law firm, No. 2228, 197, Jung-gu, Daejeon.

C. On October 5, 2003, the Defendant completed the registration of ownership transfer by the Daejeon District Court Daejeon District Court No. 78786, Oct. 21, 2003, based on the above notarial deed.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Eul evidence 7, and the purport of the whole pleadings.

2. Since the Plaintiff’s assertion J infringed on the legal reserve of inheritance of the Plaintiffs, who were the inheritors of the deceased by legacying the instant real estate owned by the Defendant, the Defendant is obligated to implement the procedures for ownership transfer registration with respect to the share equivalent to the ratio of the Plaintiffs’ legal reserve of inheritance among the instant real estate.

3. Determination

(a) The calculation method for a shortage of legal reserve of inheritance shall be as follows:

Shortage in the legal reserve = [A] (the amount of property that forms the basis for the calculation of the legal reserve 】 the ratio of the legal reserve of inheritance (B) - The amount of special revenue (C) from the person entitled to the legal reserve of inheritance - A = the amount of positive inherited property (D) + the amount of inherited property of the person entitled to the legal reserve of inheritance / B/ the amount of inherited property of the inheritee / the amount of inheritance debts ? the amount of inheritance debts / the amount of inheritance debts / the amount of property acquired by the person entitled to the legal reserve of inheritance / the amount of inheritance debts - the amount of inheritance debts

B. The plaintiffs' shortage in legal reserve of inheritance, and the plaintiffs are active inherited property (A) equivalent to the amount of property (A) which serves as the basis for calculating legal reserve of inheritance, gift amount, inheritance liability amount, and persons with the pertinent legal reserve of inheritance, despite demanding the full bench to prove his/her assertion.