소유권이전등기 등
1.The judgment of the first instance court, including a claim that has been reduced and expanded in the trial, shall be modified as follows:
The defendant.
1. Basic facts
A. The deceased C (hereinafter “the deceased”) died on January 19, 2014, and D, his/her spouse, died on July 1, 2014.
The Deceased had eight brothers of E, F, AU, G, the Defendant, the Plaintiff, H, and I between D and their children.
B. AU died on December 19, 200 before the deceased and D’s death, and as his/her spouse, AV and AW, a child, were inheritored. G died on March 28, 2010, before the deceased and D’s death, and as his/her spouse, J and his/her children, and K were married.
C. No inherited or inherited property may be found at the time of the deceased’s death.
[Ground of recognition] The fact that there is no dispute, entry in Gap evidence 1, 2, 23, and 36 (including a unit number if there is no separate indication; hereinafter the same shall apply) and the purport of whole pleadings
2. Summary of the parties’ assertion
A. As a result of the donation to the Defendant, who is the co-inheritors of the Plaintiff, to the Defendant, there was a shortage of legal reserve of inheritance between the Plaintiff and D, the Plaintiff succeeded to the right to claim the return of legal reserve of inheritance of D, the Plaintiff sought a return equivalent to the Plaintiff’s inherent legal reserve of inheritance among the shortage of legal reserve of inheritance of the Plaintiff and D
B. The claim for the return of legal reserve of inheritance by Defendant D is not subject to inheritance unless it is possible to confirm the conclusive intention of the D who exercises the claim.
3. Determination
A. The right to claim the return of legal reserve of inheritance shall be deemed to have the right to claim the return of legal reserve of inheritance entirely entrusted to his free decision-making for the personal interest of the person having the right to legal reserve of inheritance, and the right to claim the return of legal reserve of inheritance shall be deemed to have the right to claim the return of legal reserve of inheritance, and there is no reason to deny the transfer of legal reserve of inheritance or the succession of inheritance, etc., and therefore,
Therefore, the heir of the person entitled to legal reserve of inheritance can exercise his/her right to claim the return of legal reserve of inheritance as a universal successor without any limitation.
Supreme Court Decision 2012Da80200 Decided April 25, 2013