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(영문) 수원지방법원성남지원 2016.06.10 2015가단207036

소유권이전등기

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1. The Defendants committed on May 6, 2015 with respect to each of the real estate listed in the separate sheet to the Plaintiff as to the portion of 1/45 shares.

Reasons

1. Basic facts

A. The deceased E (hereinafter “the deceased”) completed the marriage report on April 8, 1942 with F and H, H, I, Defendant B, and Defendant C6.

H died on August 1, 1980, and there is J and K, the wife of Defendant D and his children.

B. Each real estate listed in the separate sheet owned by the deceased (hereinafter referred to as "each real estate of this case").

(C) On May 29, 2008, on the grounds of testamentary gift on February 26, 2008, the registration of ownership transfer was completed by 1/3 shares of the Defendants. The Deceased died on February 26, 2008, and there was no particular active or negative property except each of the instant real estate at the time. The deceased’s heir as the deceased’s heir has the Defendant D, J, H, I, Defendant B, C, and D with the wife’s wife as the wife (the deceased on June 6, 2009), G, H, I, and C, as the wife’s children (the deceased on June 6, 2009). [Grounds for recognition] There is no dispute over the facts, Gap’s evidence Nos. 1 through 4, and 6 (each of the items included in each number, and the purport of the entire pleadings as a whole.

2. Determination as to the cause of action

A. The plaintiff as the inheritor of the deceased is 2/15 shares in inheritance, and the legal reserve of inheritance is 1/15.

Therefore, the plaintiff's ratio of legal reserve of inheritance of each real estate of this case is 1/15 each.

B. Although our Civil Act recognizes the system of legal reserve of inheritance and provides for the method of return of legal reserve of inheritance under Articles 1112 through 1118, our Civil Act does not provide for the method of return of legal reserve of inheritance. However, it is a normal method to return the property subject to inheritance or testamentary gift itself. Thus, if the person with the right to legal reserve of inheritance claims the return of legal reserve of inheritance through the method of return of the original property and it is possible to return the original property, the court shall order the person with the right to legal reserve of inheritance to return the original property according to the method requested by the person with the right to legal reserve of inheritance (see, e.g., Supreme Court Decision 2005Da71949, May 26, 2006). 2) Unless there are special circumstances, the court shall order the person with the right to legal reserve of inheritance of inheritance of each real estate of this case with 1/3 shares