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(영문) 서울중앙지방법원 2017.10.19 2016가합524017
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

Plaintiff, Defendant B, Defendant C, and Nonparty G are the children of the network H (hereinafter “the deceased”), and Defendant D is the grandchildren of Defendant B’s son.

On April 29, 2005, the Deceased donated 1/2 of the 625 square meters of Guri-si E Miscellaneous land (hereinafter “E”) to Defendant C on April 29, 2005, and completed the registration of transfer of shares in the Defendant C on May 3, 2005.

On July 3, 2012, the Deceased donated 1/2 shares out of 157081m2 of the Gyeonggi-do F forest land in Gyeyang-gun (hereinafter “F forest”) to Defendant D on July 3, 2012, and completed the transfer registration of shares on July 5, 2012.

After the Deceased died on December 20, 2015, the Plaintiff, Defendant B, Defendant C, and Nonparty G jointly inherited the Deceased’s share 1/4.

At the time of death, the Deceased held 7/11 shares in total (i.e. 1/21/2 x 3/11 x 3/11) of the 1/2 shares inherited from the JJ of the spouse who died in 2012 and 1/2 shares (i.e., 1/2 x 3/11).

At the time of the death of the deceased, the amount of the deposit claim in the Nong Bank account (Account Number K) in the name of the deceased is KRW 194,828,864, and the amount of the deposit claim in the National Bank account (Account Number L) in the name of the deceased is KRW 6,716

[Grounds for recognition] The plaintiff's assertion as to the claim for the return of legal reserve against the defendants of Gap's evidence Nos. 1-4, 9, and 10 (including the number of branch numbers) and the whole purport of the pleading as to the plaintiff's claim for the return of legal reserve of inheritance against the defendants of the whole purport of the pleading is a donation of KRW 500 million in cash to defendant Eul around 2005, a donation of KRW 300 million in cash to defendant Eul around 2006, a donation of KRW 1/2 of the land to defendant Eul on April 29, 2005, and a donation of KRW 1/2 of the land to defendant Eul on July 5, 2012. Since the plaintiff's legal reserve of inheritance was infringed, the defendants are obligated to return the amount of legal reserve of inheritance as claimed in the plaintiff.

Judgment

Article 1113(1) of the Civil Act provides that "The legal reserve of inheritance shall be calculated by adding the value of the property at the time of the commencement of the inheritance of the inheritee to the value of the property."

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