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(영문) 광주지방법원 2016.05.31 2015가단45944
유증을 원인으로 한 공유지분 이전등기
Text

1. Of each real estate listed in the separate sheet to the Plaintiff, the shares of Defendant B, C, and D in 14/119, and shares of Defendant E in 3/119, respectively.

Reasons

1. Basic facts

A. H (hereinafter “the deceased”) died on March 30, 2013, and the heir was the Plaintiff, Defendant B, C, D, and J, K, and deceased (Death on May 12, 2005) as his/her spouse and children.

L’s heir has Defendant F and G, the spouse of Defendant E and his children.

B. On November 18, 1997, the Deceased prepared a testamentary gift to the Plaintiff, as a notary public of November 18, 1997, No. 3317, a certificate of the General Law Office in the 21st century, a document 1997, a testamentary gift of 898m2 (the land was divided into each real estate indicated in the attached list; hereinafter “instant real estate”).

C. At the time of death, the instant real estate was the only property of the Deceased.

The Defendants completed the registration of ownership transfer on March 30, 2013 with respect to the portion of the instant real estate, which was inherited on March 30, 2013, as follows: (a) No. 16717, the 21/119 shares in the name of the Gwangju District Court received on October 23, 2015; (b) the Plaintiff and the Defendant B, C, D, and Non-Party J, in the future; (c) 14/119 shares in the future; (d) Defendant E- 6/119 shares; (d) Defendant F, and each of the instant 4

[Reasons for Recognition] Evidence No. 1, Evidence No. 3-1 to 4, Evidence No. 4, Evidence No. 5-1 to 3, and Evidence No. 4, and the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, barring special circumstances, the Defendants are shares in Defendant B, C, and D’s statutory shares in inheritance among the instant real estate, each of the shares in inheritance, 14/119, 6/119, 6/119, 6/119, 4/119, 4/119, respectively, to the Plaintiff.

shall be liable to implement the procedures for ownership transfer registration based on testamentary gift.

B. 1) The Defendants asserted that the Defendants cannot respond to the Plaintiff’s claim as much as the shares corresponding to the legal reserve among the Defendants’ co-ownership shares in the instant real estate. The Plaintiff asserted that the Defendants’ right to legal reserve has expired by prescription. 2) The judgment of the Defendants’ right to legal reserve has expired.

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