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(영문) 춘천지방법원 원주지원 2018.05.02 2017가단31387

소유권이전등기

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1. Defendant E is entitled to legal reserve of inheritance on March 21, 2017 with respect to shares of 1/20 of the real estate listed in the separate sheet 1 and 2 to the Plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs and the defendants are children of F and parent-friendly G.

B. The F died on May 7, 191, and upon the division of inherited property between G and the Plaintiffs and the Defendants, the respective 1/2 shares in the attached list were inherited by G and Defendant D among the 1/2 shares in the attached list due to the division of inherited property, and Defendant D succeeded to the 3 real estate in the attached list.

C. On April 24, 2015, G donated 1/2 shares among the 1/2 real estate listed in the separate sheet, which is one of its sole property, to Defendant E, and completed the registration of ownership transfer as to 1/2 shares among the 1 real estate listed in the separate sheet on May 4, 2015.

(Attachment List 2 Real Estate is unregistered). D.

G died on November 17, 2016, and at the time G did not have any property and did not have any obligation.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (if there are additional numbers, including each number; hereinafter the same shall apply), defendant D's personal examination result, the purport of the whole pleadings

2. Determination as to the claim against Defendant E

A. According to the facts of the determination as to the cause of the claim, 1/2 shares of each of the 1/2 real estate listed in the separate sheet are the only property of G which serves as the basis for calculating the legal reserve of inheritance, and there was no separate special benefit or inheritance by the Plaintiffs. Thus, Defendant E is obligated to return to the Plaintiffs 1/10 shares of each of the Plaintiffs’ respective legal reserve of inheritance among the 1/2 shares of each of the 1/2 shares of the 1/2 real estate listed in the separate sheet (=1/5 of each legal share of inheritance by the Plaintiffs 1/5

Therefore, Defendant E is obligated to implement the registration procedure for transfer of ownership on March 21, 2017, which was delivered to Defendant E by a duplicate of the complaint in which the Plaintiffs’ declaration of intent to claim the return of legal reserve of inheritance was stated, as to each of the 1/20 shares (each of 1/2 shares among the 1 and 2 real estate listed in the attached list 1 and 2 x 1/100) among the 1 and 2 real estate listed in the attached list to the Plaintiffs, except in extenuating circumstances.

On the other hand, the plaintiffs are from GF.