지분소유권이전등기
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts do not conflict between the parties, or may be acknowledged in full view of the purport of the entire pleadings in each of the evidence Nos. 1 to 3, and evidence Nos. 16-1 and 16-2.
The deceased C (hereinafter referred to as “the deceased”) died on April 12, 2012, and his/her heir has the Plaintiff, D, E, F, and G, who is the spouse of the deceased.
B. At the time of death on April 12, 2012, the Deceased bequeathed each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) as inherited property to the Defendant, and the Defendant completed the registration of ownership transfer under the name of the Defendant as to each of the instant real estate under the name of the Seoul Eastern District Court on April 30, 2012 and the receipt thereof under Article 23144.
The Plaintiff, D, E, F, and G, a child of the Deceased, succeeded to KRW 14,830,000, respectively.
2. The Plaintiff asserted that the Plaintiff was liable for the registration of ownership transfer as stated in the purport of the claim on each of the instant real estate, since the Plaintiff, at the time of his death on April 12, 2012, had infringed upon the Plaintiff’s right to forced inheritance by bequeathed the instant real estate, which is inherited property, to the Defendant.
3. Determination
(a) The calculation method of shortage in legal reserve of inheritance shall be as follows:
Shortage in the legal reserve of inheritance = (A) 】 the ratio of the legal reserve of inheritance of the person entitled to the legal reserve of inheritance (B) - The amount of the special benefit (C) - A/D) of the person entitled to the legal reserve of inheritance of the person entitled to the legal reserve of inheritance of the person entitled to the legal reserve of inheritance of the person entitled to the legal reserve of inheritance of the person entitled to the legal reserve of inheritance of the person entitled to the legal reserve of inheritance of the inheritance of B/the amount of inheritance of the spouse of the inheritee and lineal descendants of the inheritee of the person entitled to the legal reserve of inheritance of the person entitled to the legal reserve of inheritance of the person entitled
B. According to each description of (A) active inherited property (including testamentary gift property) A through No. 10 (including paper numbers), which is the basis for calculating the legal reserve of inheritance, the deceased shall be the deceased.