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(영문) 의정부지방법원 2018.12.14 2017가합56315
소유권이전등기
Text

1. The defendant shall pay to the plaintiffs each share in the corresponding column of equity among each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. On December 11, 1998, F completed the registration of ownership transfer on the ground of donation on December 3, 1998 with respect to the land of 2,869 square meters in Namyang-si, Namyang-si, and H 84 square meters, which was one’s own son on December 11, 1998. 2) Among them, the land category of G was divided into the land of 1,981 square meters in G Yang-si, Nam-si and the real estate of 2,869 square meters in attached Table 4 as of April 17, 2007, and the land category of G was changed to the land for stock farm on the same day.

(Attachment List No. 1) . 3 Hayang-si, Namyang-si, H 84 m2 was divided into 66 m2 and 1 m2 as indicated in [Attachment List No. 2 and 3 on November 10, 2008 (hereinafter referred to as “each real estate of this case” in each of the real estate listed in the Attached List No. 2 and 66 m2, and the real estate listed in the Attached List No. 1 is “instant real estate”

(B) The F died on April 24, 2009. At the time of death, there was no particular property or debt, and the heir was the J, the child, and the Defendant, the spouse. C. Around August 2018, the J transferred the Plaintiff D’s right to claim the return of his/her legal reserve, and notified the Defendant of the transfer. [based on recognition] fact that there is no dispute, Gap’s evidence Nos. 1 through 5 (tentative number), and the purport of the entire pleadings.

2. The summary of the Plaintiff’s assertion that the Defendant donated each of the instant real estate to the Defendant, thereby causing shortage in the remaining inheritors’ legal reserve of inheritance.

Therefore, with respect to the portion of 1/13 of each of the instant real estate owned by the Defendant to Plaintiff A, B, and C, the Defendant is obligated to perform the registration procedure for transfer of ownership based on the return of the claim and the date of delivery of the copy of the application for change of the purpose of the claim as of October 9, 2018 as to the portion of 5/26 of each of the instant real estate, which was transferred by J to Plaintiff D, who received the claim for return of legal reserve from J, and the portion of each of the instant real estate owned by Plaintiff D,

3. The defendant's prior to determining the plaintiffs' claims on the grounds of the extinguishment of the defendant's claim for forced inheritance.

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