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(영문) 대구지방법원 안동지원 2021.02.17 2019가단23893

소유권이전등기

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1. As to the shares of 629/10,000 among each of the lands in [Attachment C] Nos. 1 through 3, Defendant C with respect to each of the lands in [Attachment Table 1 to 3] to the Plaintiffs.

Reasons

1. Defendant D, Plaintiff B, Plaintiff A, E, F, G, and H are the successors of the deceased I (Death on December 16, 2018; hereinafter “Death”)’s property, and Defendant C is the children of Defendant D.

2. The Defendants asserted that each of the lands listed in the separate sheet from the Deceased (hereinafter “each of the instant lands”) was donated by the Defendants to the Plaintiff, and that there was a shortage in the Plaintiffs’ legal reserve of inheritance due to the Defendants’ donation of Nos. 1 through 5 of the instant O lands in accordance with the sequences when referring to the individual real estate. Therefore, the Defendants should return the shortage in legal reserve of inheritance to the Plaintiffs.

3. The plaintiffs' shortage in oil;

A. Under the calculation method, the value of donated property shall be added to the value of the property held by the decedent at the time the inheritance commences, and the total amount of debts shall be deducted (Article 1113(1) of the Civil Act). The specific calculation method shall be as follows: (A) the basic property for calculating the portion of oil and the shortage in oil = (B) the special profit of the person holding the right to the portion of oil concerned 】 (C) the net inheritance amount of the person holding the right to the portion of the oil concerned - A = (D) the inherited property donated to the person holding the right to the portion of the oil - the inherited property - B/ the inheritance obligation division ratio of the portion of the oil = the inheritance obligation = D/ the amount increased by the person holding the right to the portion of the oil - the inheritance obligation share the amount of the inheritance obligation.

B. (A) On January 16, 2015, the deceased (A) donated the instant 1 through 3 land to Defendant C on January 16, 2015, and completed the registration of ownership transfer on January 19, 2015 (i) donated the instant 4 and 5 land to Defendant D on January 16, 2015, and completed the registration of ownership transfer on January 19, 2015 (i) donated the instant 4 and 5 land to Defendant D on January 19, 2015 (i) completed the registration of ownership transfer on January 19, 2015) (ii) the judgment of the Defendants on the basis of the calculation of legal reserve of inheritance (i.e., evidence Nos. 2, 4, 5).