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(영문) 의정부지방법원 2019.12.19 2018나208278
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The court's explanation of the facts of recognition in this case is about the ground for claim 2.

B. In addition to the following cases, the part of dismissal is identical to the reasons for the judgment of the court of first instance, and thus, it is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act. A) The Defendant completed the registration of transfer of ownership on April 16, 1974 with respect to the land of 1,976 square meters (hereinafter “E before subdivision”) in Pakistan-si on the grounds of the trade of April 2, 1974, and the F large scale 178 square meters (hereinafter “F land”) on the land before the subdivision on September 24, 197, the Defendant completed the registration of transfer of ownership on June 10, 197 with respect to the land of 1,58 square meters (hereinafter “M land”) on the grounds of the trade on June 14, 197.

(C) At the time of completion of the registration of ownership transfer with respect to land E and F before subdivision, the Defendant was enrolled in a middle school or high school at the age of 14 to 17.

[Grounds for recognition] Facts without dispute, Gap 6, 7 evidence, Eul 3 evidence (including branch numbers; hereinafter the same shall apply), each fact-finding with the first instance court's H middle schools and I high schools, the purport of the whole pleadings as a result of the parties' arguments, and the purport of the whole pleadings) The land and land Eul before the division of the plaintiff are real estate that the deceased donated to the defendant before his birth. Thus, the basic property for calculating the legal reserve of inheritance should be the amount equivalent to the ratio of the plaintiff's legal reserve of inheritance among the values at the time of commencement of the above real estate. The defendant should pay to the plaintiff 68,341,966 won [the amount equivalent to the ratio of the plaintiff's legal reserve of inheritance of the real estate at the time of commencement of the above real estate = 61,212,300 won [the value of land after division 9,503,500 won F land value of 189,36,000 won x 1/6

(The plaintiff asserts to the effect that the deceased donated the purchase fund of each of the above real estate to the defendant. (B) The defendant's land E before division and F.

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