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(영문) 서울중앙지방법원 2018.06.28 2016가합568055
소유권말소등기
Text

1. Defendant B’s KRW 139,477,655 as well as 5% per annum from January 22, 2017 to June 28, 2018, respectively, to the Plaintiff.

Reasons

1. The relationship between the parties and the deceased’s death network D (hereinafter “the deceased”) were married with the Defendant B on October 18, 1967, and the Defendant C, the Plaintiff, and the deceased were born on January 11, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, purport of the whole pleadings

2. The Plaintiff’s assertion Defendants and E received property from the deceased before his death, and thereby, the Plaintiff’s legal reserve of inheritance was infringed upon, so the Defendants shall return the amount corresponding to the part of the infringement to the Plaintiff.

3. Determination

A. In a case where there is a person, among co-inheritors, who has made special profits from the pre-sale donation of the property from the inheritee, the provisions of Article 1114 of the Civil Act are excluded. Accordingly, the donation should be included in the basic property for calculating the legal reserve of inheritance regardless of whether it was before the commencement of inheritance one year, and whether both parties knew that it would inflict damages on the property.

(See Supreme Court Decision 95Da17885 delivered on February 9, 1996, etc.). B.

1) The method of calculating shortage in the method of calculating the Plaintiff’s legal reserve is as follows. Shortage in the method of calculating shortage in the legal reserve = [A] x the amount of property forming the basis for calculating the legal reserve of inheritance x (B) - the special profit (C) with the person entitled to the legal reserve of inheritance - The amount of the person entitled to the legal reserve of inheritance - The amount of positive inheritance donation - B = the amount of the legal reserve of inheritance 1/23 = the amount of the inheritance inheritance - the amount of the property acquired by the person entitled to the legal reserve of inheritance - the amount of the property acquired by the person entitled to the legal reserve of inheritance - the amount of the property (A) forming the basis for calculating the legal reserve of inheritance 2) with the deceased’s active inheritance and the inheritance debts (1) with the deceased’s active inheritance at the time of the deceased’s death of the deceased (hereinafter “Seo land”).

The registration of ownership transfer was completed in the name of the deceased with respect to the one-half joint ownership shares.

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