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(영문) 춘천지방법원원주지원 2014.01.29 2013가단4219
소유권이전등기
Text

1. The defendant shall pay to the plaintiffs 167,038,646/1,610,344,00 shares among the real estate listed in the separate sheet Nos. 1 through 4.

Reasons

1. Facts of recognition;

A. Status and inheritance relationship (1) The Plaintiff’s father, the father of the Plaintiff (hereinafter “the deceased”) died on January 15, 2013.

(2) As the heir of the deceased, there are the Plaintiffs, son, and the Defendant, the Defendant, and the Nonparty F (the Plaintiff was a co-defendant with the Defendant, but the conciliation was established on December 3, 2013 between the Plaintiff and the Plaintiff). The inheritance portion of E is 2/11, and the inheritance portion of the Plaintiffs and the Defendant is 2/11, respectively.

(3) G is the deceased’s wife as the F’s wife.

B. There was no active inherited property or liability for inheritance at the time of the deceased’s death.

C. (1) On March 26, 2012, the Deceased of Real Estate donated each real estate listed in [Attachment A] List to the Defendant on March 26, 2012. On July 3, 2012, F and G donated each of 1/2 shares of the respective real estate listed in [Attachment A] List to F and G.

The date of transfer of ownership of each real estate and the market price at the time of the deceased's death shall be as shown in attached Table 2

(2) On October 12, 2010, the Deceased separately donated KRW 40 million to the Defendant, KRW 50 million on January 19, 2012, and KRW 50 million on March 7, 2012, and KRW 120,384,650 on October 11, 201, and KRW 110,907,561 and KRW 70 million on March 3, 201.

[Ground of Recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 11 (including additional numbers), the result of the market price appraisal commission to one appraisal corporation of this court, the purport of the whole pleadings

2. According to the facts found above, the Plaintiffs, as co-inheritors of the deceased, did not inherit any property as co-inheritors, shall be deemed to have a shortage in their own reserve of inheritance as they donated the real estate and money listed in the separate sheet No. 1 to the Defendant, F, and G. Thus, barring any special circumstance, the Plaintiffs may seek the return of the legal reserve of inheritance to the Defendant to

3. Scope of duty to return legal reserve of inheritance;

A. (1) Determination of basic property for calculating legal reserve of inheritance (1) Real estate and money in the attached list No. 1 that the Deceased donated to the Defendant, F, and G are all calculated as legal reserve of inheritance.

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