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(영문) 서울중앙지방법원 2017.03.16 2016가단5014303
소유권이전등기
Text

1. As to the Plaintiff’s share of 49,332,191/2,285,767,630 of each real estate listed in the separate sheet, the Defendant on February 5, 2016.

Reasons

1. Basic facts

A. Inheritance Relations (1) C married with D on February 23, 1943 (Death of October 7, 2009) and left the Plaintiff, Defendant, and E as their children.

(2) On August 23, 2015, C died (hereinafter referred to as “the deceased”), and there are children as the inheritor.

(b) Inheritance and testamentary property (1) There shall be no affirmative inherited property at the time of death of the deceased.

(2) As to each of the real estate listed in the separate sheet owned by the deceased, namely, the Seoul Seocho-gu FF large 230.2m2m2 and the above underground 1/4m2 and the above ground 4m2 (hereinafter “each of the instant real estate”), the deceased bequeathed 1/40 shares, the Defendant, 7/40 shares, and 2/40 shares to E, and accordingly, the Plaintiff, the Defendant, and E transferred shares based on each legacy on October 20, 2015.

(3) At the time of the deceased’s death, the market value of each of the instant real estate is the sum of KRW 2,875,767,630 (hereinafter “the market value of real estate”) and the time of the deceased’s death.

(4) Meanwhile, at the time of the deceased’s death, each of the instant real estate was concluded as indicated below.

On October 26, 2015, 20,000,002 H 1st floor on March 31, 2015, 20,000: (a) 30,0003 I 301 on June 30, 2011; (b) J 302 on March 31, 2012; (c) 280,000,000,005 K 401 on May 401, 2014; (d) 130,00,00,006 L40,006 L402 on September 10, 2015; and (e) 601 through 50,00 evidence of all evidence Nos. 1301,00,000 on September 10, 2015; and (e) 501 through 50,010 evidence No.

2. Determination

A. (1) The plaintiff, as the inheritor of the deceased, may claim the return of the property to the defendant, who is the co-inheritors, within the extent of the shortage, when there is a shortage in the plaintiff's legal reserve of inheritance due to the donation to other co-inheritors or testamentary gifts of the deceased.

(2) The defendant's assertion and judgment on it (A) the original real estate of this case is D.

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