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1. The Defendant’s legal reserve of inheritance on December 18, 2013 with respect to the Plaintiff’s share 1/10 of each of the real estate listed in the separate sheet.
Reasons
1. The facts following the facts of recognition do not conflict between the parties, or are recognized by the respective entries in Gap evidence 1 to 8 (including each number), and by the purport of the whole pleadings.
A. C and D married couple were the remaining couple of the Plaintiff, the South-North, and the following E, F, and G:
B. C died on August 21, 2004, and D died on December 18, 2013.
(hereinafter referred to as “D”). E died in around 2003, and there was a child as an inheritor.
C. The deceased, before his birth, donated each real estate listed in the separate sheet owned by him (hereinafter “instant real estate”) to the Defendant, and there was no property owned by the deceased at the time of his death.
2. The assertion and judgment
A. According to the above facts, the Defendant is obligated to implement the registration procedure for transfer of ownership on December 18, 2013 with respect to the Plaintiff’s share of 1/10 (i.e., share 1/5 in inheritance x 1/2) out of the instant real estate.
B. The Defendant asserts that: (a) the Plaintiff purchased real estate and received KRW 40 million from the Deceased; (b) E and G received donations from the Deceased each time of marriage; (c) the Plaintiff received the ownership of an apartment house that was sold in the name of the Defendant and received KRW 60 million from the value of the apartment; and (d) the Plaintiff received KRW 1/10 of the remainder of the share of the real estate listed in attached Table No. 1 in attached Table No. 1 from the Deceased; and (e) these property should be included in the property, which serves as the basis for calculating the legal reserve of inheritance and calculated the legal reserve of inheritance.
① According to the evidence Nos. 11-1, 2, and 16 as to the above master’s book, H, who was living near the deceased, lent KRW 20 million to the deceased upon the request of the deceased to lend money necessary for the Plaintiff to purchase real estate. He was returned after about five months, and the Plaintiff purchased real estate around 191 and around 197.