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1. The Defendant, on August 25, 2014, bequeathed of the shares of 1/3 of each real estate listed in the separate sheet, to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff and the Defendant were the children of the deceased C (hereinafter “the deceased”), and the Deceased died on August 25, 2014.
B. On June 20, 2014, the Deceased prepared a testament in his/her name, stating that “the deceased’s property shall be bequeathed to the Plaintiff.”
At the time of death, the Deceased had each real estate listed in the separate sheet (hereinafter “instant real estate”) and deposit claims.
C. D, other children of the Deceased, filed a lawsuit against the Plaintiff seeking nullification of his will as Seoul Eastern District Court 2014Gahap11032, but the deceased’s will was recognized as effective and the Plaintiff won the lawsuit. Although the Defendant appealed to D, the appeal was dismissed, and the said judgment became final and conclusive.
The defendant filed a lawsuit against the plaintiff as Seoul Eastern District Court 2015Gahap108886, but the defendant's right to claim the return of the legal reserve of inheritance was lost on the ground that the defendant's right to claim the return of the legal reserve of inheritance has already expired upon the expiration of the extinctive prescription, and
E. Meanwhile, on June 24, 2015, the Defendant completed the registration of ownership transfer based on inheritance on August 25, 2014 with respect to one-third share of the instant real estate on June 24, 2015.
[Reasons for Recognition: Each entry in Gap evidence 1 (including paper numbers), the purport of the whole pleadings]
2. According to the above facts of recognition, the Defendant is obligated to implement the registration procedure for ownership transfer on the ground of testamentary gift on August 25, 2014, where the Deceased died with respect to the portion of 1/3 of the instant real estate, according to the testamentary gift of the Deceased.
3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.