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1. The Defendant’s legal reserve of inheritance on December 18, 2013 with respect to the Plaintiff’s share 1/10 of each of the real estate listed in the separate sheet.
Reasons
1. Facts of recognition;
A. Nonparty C died on December 18, 2013, and his heir was the Plaintiff, Defendant, Nonparty D, E, and F, who was his child.
B. On November 2, 2012, the Deceased donated each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) to the Defendant on November 2, 2012.
[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 through 7, 14 and 15, and the purport of the whole pleadings
2. The plaintiff's assertion that the plaintiff has the real estate in this case with the deceased's active inherited property for calculating the legal reserve of inheritance, and that the plaintiff's legal reserve of inheritance was infringed upon due to the defendant's donation to the defendant. The defendant asserts that the plaintiff's legal reserve of inheritance was not infringed upon, in addition to the real estate in this case with the active inherited property for calculating the legal reserve of inheritance: ① 40 million won that the deceased donated to the non-party D, ② 20 million won that the plaintiff and the non-party E donated to the non-party, ③ 60 million won that the plaintiff and the non-party F donated to the non-party 60 million won, ③ and 1/10 of the real estate in the attached Table No. 1, and ⑤ 127,486,67
3. Determination
A. According to each of the above facts finding as to the cause of the claim, the Defendant is obligated to implement the registration procedure for transfer of ownership on December 18, 2013 with respect to the Plaintiff’s share of 1/10 (i.e., 1/5 x 1/2) out of each of the instant real estate, barring special circumstances.
B. The following circumstances, which are acknowledged by the evidence evidence Nos. 1, 2, and 11, 12, and 13 of the Defendant’s assertion as to each of the Defendant’s respective arguments, are as follows: (a) the net C was not aware of the Korean language at the time of the preparation of the certificate; (b) the Plaintiff was a soldier under the influence of the certificate; and (c) the certificate was made one month prior to the death of the deceased; (d) the content printed with the same letter in the form of the certificate was written; and (e) Nonparty F purchased Ear apartment.