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(영문) 대구지방법원포항지원 2020.03.26 2019가단107331
소유권이전등기
Text

1. All of the plaintiffs' lawsuits against Defendant C are dismissed.

2. All of the plaintiffs' claims against Defendant D.

Reasons

1. The plaintiffs FDefendant D was the children of G, the defendant C was the spouse of the defendant D, and G died on May 14, 2015.

G On January 13, 1999, the G completed the registration of ownership transfer on the ground of the gift of January 11, 1999 with respect to H H 766 square meters (hereinafter “previous real estate”) owned by F on January 13, 199.

The previous real estate was the real estate stated in the purport of the claim through the administrative district, name, area, unit conversion, division, etc., and the F completed the registration of ownership transfer on October 31, 2014 to Defendant C on December 24, 2014.

2. Determination as to the claim against Defendant D

A. The Plaintiffs asserted that the deceased G’s gift of real estate stated in the purport of the claim to Defendant D, thereby infringing on legal reserve of inheritance, and sought implementation of the procedure for registration of ownership transfer based on the return of each share of 1/11 of the above real estate.

B. We examine whether Defendant D constitutes “the heir who received the donation” as the other party to the Plaintiffs’ right to claim the return of the legal reserve of inheritance.

1) Article 113(1) of the Civil Act refers to the property that had already been performed by the gift contract and has already been transferred to the donee before the commencement of inheritance. See Supreme Court Decision 96Da13682 delivered on August 20, 196, Defendant D did not acquire the ownership of the property as to the real estate stated in the purport of the claim, so long as there was no record of completing the registration of transfer of ownership, it does not constitute “the heir who received the gift,” which is the other party to the right to claim the return of legal reserve of inheritance. 2) According to Article 1113(1) through (3) of the Civil Act, “F transferred the above real estate to Defendant C without compensation according to the meaning of “G” in the previous lawsuit. 2) The appeal court of the previous lawsuit consistently asserted to the purport that “GF Defendant D shall complete the registration of ownership transfer between GF Defendant D with respect to the above real estate, and later F will transfer the ownership to Defendant D.

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