소유권이전등기말소절차이행등
1. The Defendant’s each of the Plaintiffs’ KRW 85,653,100 and each of the KRW 44,074,60 among the Plaintiffs, respectively, shall be from March 4, 2017, and each of the KRW 41,578.
1. Basic facts
A. The Plaintiffs and the Defendant are children born between network F (Death October 20, 2015) and network G (Death on July 24, 2015).
B. The deceased F shall be active property at the time of death, and each real estate listed in the separate sheet Nos. 1 through 6, 8, and 9, as small property, left a loan of KRW 100 million to H association. The deceased G shall have left the real estate listed in the separate sheet No. 7 as active property at the time of death.
C. Meanwhile, the Plaintiffs stated only the deceased F as the deceased’s predecessor, but as seen earlier, the real estate listed in Section 7 of the Attached List No. 7 is the deceased’s inherited property, and thus, they are deemed to have recorded the deceased as the deceased’s decedent.
around November 201, 2013, the Defendant: (a) each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”); and (b) when referring only to each of the real estates listed in the separate sheet Nos. 1 through 7, all of the real estates listed in the separate sheet (hereinafter “instant real estate”) were bequeathed to the Defendant.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 20, Eul evidence Nos. 1 and 2 (including paper numbers), and the result of the response to the order to submit financial transaction information by this court, the purport of the whole pleadings
2. Determination on the grounds for the claim
(a) The calculation method of shortage in legal reserve of inheritance shall be calculated by adding the value of the donated property at the time of the commencement of the inheritance by deducting the total amount of debts; and
(Article 113(1) of the Civil Act. The detailed method of calculation shall be as follows:
Shortage in the legal reserve = [A] 】 The amount of basic property calculated as the legal reserve 】 the amount of special profit (C) to the person holding the right to the legal reserve ? The amount of net inheritance (D) to the person holding the right to the legal reserve ? The amount of positive inherited property - B = the amount of inherited property 1/23 = the amount of inheritance to the lineal descendants of the inheritee / the amount of inheritance to the person holding the right to the legal reserve d = the amount of inheritance to the legal reserve .