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(영문) 대전지방법원서산지원 2016.07.13 2015가단52581

유류분 보전을 위한 소유권이전등기

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1. The Defendant is entitled to legal reserve of inheritance on July 7, 2015 with respect to shares of 1/8 of each of the real estate listed in the separate sheet to the Plaintiffs.

Reasons

1. Basic facts

A. E died on July 22, 2014, and there were the Plaintiffs and the Defendant’s children.

B. On April 15, 1995, E completed the registration of transfer of ownership based on each gift, with respect to the real estate listed in the separate sheet Nos. 1 through 8 (hereinafter referred to as “paragraph 1 real estate,” and the combination of each real estate listed in the separate sheet, as to the real estate listed in the separate sheet No. 9 and 10 on March 16, 2005.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3 (including branch numbers in case of additional number), the purport of the whole pleadings

2. The occurrence and scope of duty to return the legal reserve of inheritance;

A. In a judgment as to the cause of the claim, if a person has made a special benefit from the donation of the property from the inheritee by the donation of the property before the commencement of the inheritance, the donation shall be included in the basic property for calculating the legal reserve of inheritance, regardless of whether the donation would be prior to one year prior to the commencement of the inheritance or whether both parties knew that the damage would be inflicted on the property.

In addition to the donated property mentioned above at the time of inheritance, there is no evidence to acknowledge that there was any other positive property or obligation to inherit, and there is no other positive inherited property or passive inherited property.

In addition, since the plaintiffs and the defendant inherited the assets of E at the same ratio as the lineal descendants of E, their legal portion of inheritance is 1/4, and their lineal descendants are 1/2 of the statutory inheritance, their ratio of legal reserve of inheritance is 1/8 (i.e., statutory inheritance 1/4 x legal reserve of inheritance 1/2).

Since each real estate of this case can be returned back to its original source, the defendant is obligated to implement the procedure for ownership transfer registration based on the return of legal reserve of inheritance, which is a copy of the collection containing the purport of return of legal reserve of inheritance with respect to shares of 1/8 of each real estate of this case to the plaintiffs.

B. Determination of the Defendant’s assertion 1, the Defendant, 1, South Korea, for a period of several hundred and twenty years.

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