지분소유권이전등기
1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.
2. After an appeal is filed.
1. The following facts may be found either in dispute between the parties or in accordance with Gap evidence Nos. 1, 2, and 3 (including those with serial numbers; hereinafter the same shall apply) and Eul evidence Nos. 16, taking into account the overall purport of the pleadings:
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. The Deceased bequeathed each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) to the Defendant, and the Defendant completed the registration of ownership transfer as to each of the instant real estate under the name of the Defendant on April 30, 2012 under the receipt of the Seoul Eastern District Court Decision No. 23144.
C. According to the agreement on the division of inherited property, KRW 198,288,920 of the deceased’s financial property was inherited to the Plaintiff, D, E, F, and G, respectively, and the balance was inherited to the Defendant.
2. The Plaintiff’s assertion that: (a) as at the time of death on April 12, 2012, the Deceased infringed the Plaintiff’s right to legal reserve of inheritance upon the Defendant’s testamentary gift of each of the instant real estate, the Plaintiff primarily asserted that the Defendant is liable to pay to the Plaintiff the Plaintiff the Plaintiff the amount of shortage (26,605,057 won) of the Plaintiff’s each of the instant real estate at the time of commencement of inheritance (718,585,040 won) equivalent to 3,702/100,000 of the share at the time of commencement of inheritance; and (b) if it is impossible to return the original property as above, the Defendant is obligated to pay the Plaintiff the amount of KRW 31,837,200,00 (i.e., the selling price of each of the instant real estate x KRW 860,00,000) and delay damages therefrom.
3. Determination
(a) The calculation method of shortage in legal reserve of inheritance shall be as follows:
Shortage in the legal reserve = [A] 】 The legal reserve of inheritance (B) - the special revenue (C) of the person with the right to the legal reserve of inheritance (D) - The net inheritance amount (D) of the person with the right to the legal reserve of inheritance.