(영문) 서울서부지방법원 2020.10.29 2018가합35578

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(영문) 서울서부지방법원 2020.10.29 2018가합35578

유류분반환

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All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

A. The Plaintiffs were born between the deceased D (the deceased on October 28, 2017, hereinafter “the deceased”) and the deceased E (the deceased on May 3, 1954) who is a legal spouse. The Defendant was born between F and F in a de facto marital relationship with the deceased, and the Plaintiffs and the Defendant are co-inheritors of the deceased.

B. On December 26, 2002, the Defendant completed the registration of ownership transfer on the G Apartment Hho-gu Seoul Metropolitan Government (hereinafter “instant apartment”) owned by the Deceased on December 26, 2002 due to the sale on October 20, 2002.

C. On September 18, 2017, the ownership transfer registration for the instant apartment was completed on the ground of the first apartment reconstruction project association’s trust as of July 12, 2017, and the Defendant, as a member of the said association, owns the occupancy right for the apartment to be newly built pursuant to the reconstruction project (hereinafter “the occupancy right of this case”).

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 5 (including each number in case of a tentative number), the purport of the whole pleadings

2. The summary of the plaintiffs' assertion is that the defendant completed the registration of ownership transfer for the apartment of this case from the deceased on the ground of sale, but in fact, it did not purchase the apartment of this case from the deceased.

On October 28, 2017, the Deceased did not have any other inherited property at the time of death. Since the Deceased’s donation of the apartment of this case to the Defendant by the Defendant infringed on the Plaintiffs’ legal reserve of inheritance, the Defendant is obligated to pay to the Plaintiffs the amount of KRW 1,684,00,000 at the market price of the occupancy right of this case (i.e., statutory inheritance 1/3 x 1/2) each of the 280,666,666 won and delay damages.

3. The presumption power of judgment registration is that the legal relations recorded on the registry are considered to be genuine and genuine with respect to a certain real estate, so if the presumption is followed, the burden of proof is the person who asserts it.

Supreme Court Decision 7.7.9

유사 판례

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-인천지방법원 2016.10.13 2016가단202892

-수원지방법원 2019.12.11 2018가합10756