beta
(영문) 서울고등법원 2016.09.02 2015나2024551

유류분반환

Text

1. The text of the judgment of the first instance, including the Plaintiff’s claim expanded and reduced in the trial, is as follows.

Reasons

1. Basic facts

A. The status E (1923s) and C (1929s) as married couple, the Plaintiff (1957s), D (1959s) and the Defendant (1961s) were placed in the sleep as married couple.

E (hereinafter “the network E”) died on June 22, 201, and C (hereinafter “the deceased”) died on November 26, 2012.

B. On December 19, 201, 201, 3/9 shares, 2/9 shares, 3/9 shares, 4/9 shares, 2/9 shares, to the deceased on the ground of inheritance.

C. On April 5, 2012, a notary public drafted a testamentary document stating that “the testator shall testamentary gift to the Defendant of the instant testamentary gift real estate 1 and 2/9 shares (hereinafter collectively collectively referred to as “instant testamentary gift”) by the deceased” (hereinafter referred to as “instant testamentary document”) by a notary public on April 5, 2012.

On December 18, 2012, after the death of the deceased, the Defendant completed the registration of ownership transfer based on the legacy of November 26, 2012.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 3 through 8, Gap evidence No. 34, the purport of the whole pleadings

2. Determination on the claim for ownership transfer registration based on the restoration of authentic title with respect to the legacy of this case

A. The Plaintiff’s assertion is null and void for the following reasons. Accordingly, the Defendant’s registration of ownership transfer that was completed on November 26, 2012 due to testamentary gift is also null and void. As such, the Plaintiff of 1/2 shares out of the instant testamentary gift is excluded from the heir as the Defendant gains more than the statutory share of inheritance if the testamentary gift of this case becomes null and void, and only the Plaintiff and D are entitled to the registration of ownership transfer on the premise that they are the inheritors.

There is an obligation to implement the procedure for ownership transfer registration for the restoration of each authentic title.

1. The case.