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(영문) 서울중앙지방법원 2020.03.25 2018가단5149586
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The deceased C (hereinafter “the deceased”) died on April 17, 2018 between the deceased’s D (the deceased on September 17, 2004) and the deceased’s four children E, female, the Defendant, the South-North, the Plaintiff, and the South-North F. The deceased on April 17, 2018, and E died on June 6, 2003, and the deceased’s property was inherited by the deceased’s husband.

Inheritances of the plaintiff and the defendant in respect of inherited property of the deceased are 1/4 each.

On April 27, 2012, the deceased donated the real estate listed in the separate sheet (hereinafter “the instant real estate”) to the Defendant on April 27, 2012, and the ownership transfer registration based on the gift was completed in the future of the Defendant. The value at the time of commencing the inheritance of the instant real estate was KRW 372,957,200, and at the time of the said donation, three (3) collateral registration was completed on the instant real estate at the time of the donation, and the total amount of the secured claim is KRW 150,00,000 as of the said donation date.

As the deceased’s active inherited property, there are cash assets, such as 817/3,800 (hereinafter “inherited real property”) out of 4.8m2 in Jung-gu Seoul Special Metropolitan City and the deposits of the I association. The value of the inherited real property at the time the inheritance commenced is KRW 9,424,200, and the aggregate of cash assets is KRW 46,946,228.

[Ground of appeal] In the absence of dispute, Gap evidence Nos. 1 through 3, 8, 10, 11 (if there are serial numbers, including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 6, and each fact-finding with respect to the International Association and J bank, the plaintiff alleged that the plaintiff's assertion of the ground of appeal as to the ground of appeal as to the whole purport of the pleading occurred due to the gift of the real estate of this case to the defendant before his birth and the plaintiff's shortage of legal reserve of KRW 20,823,346. Thus, the defendant has a duty to implement the procedure for the registration of transfer of ownership in the purport of claim as to the real estate of this case due to the return of legal reserve of inheritance. Since the defendant has sole possession of financial assets such as the deposit of the deceased, the defendant is obligated to pay KRW 1

Judgment

A shortage in legal reserve of inheritance.

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