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(영문) 대구지방법원 2019.02.28 2017가단117975
소유권말소등기
Text

1. The defendant,

A. As to the Plaintiff A’s share of 40,833,454/657,096,000 among each real estate listed in the separate sheet, the Plaintiff.

Reasons

1. Basic facts

A. Family relationship E had the Plaintiff A (1963), B (1966), C (1972) and the Defendant of son (1968) with the wife F.

B. On April 30, 2009, the Defendant’s real estate receipt and water supply (1) E (hereinafter “the deceased”) drafted a testamentary document by which the Defendant bequeathed the real estate listed in the [Attachment List 1 to 5 (hereinafter “each of the instant testamentary gifts,” and each of the individual real estate is given in the sequence 1 to 5 (hereinafter “each of the instant testamentary gifts”), instead of “each”, to the Defendant.

On May 19, 2015, the registration of ownership transfer was completed on the land of this case due to legacy.

(2) On September 16, 2014, the Deceased donated the instant gift land to the Defendant (hereinafter “instant gift land”).

C. The appraised value at the time of the death of the deceased of the instant gift and each of the instant legacy is as follows.

27,896,00 land of this case 2 testamentary gift No. 1 of this case 84,665,000 land of this case 3 testamentary gift No. 3 of this case 4 of this case 39,500,000 land of this case 102,220,000 land of this case 508,038,000 130,806,000 land of this case donated land of this case 130,806,000

D. The Korea Industrial Complex Corporation purchased the instant donated land from the Defendant on December 14, 2016 and completed the registration of ownership transfer on December 27, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Gap evidence No. 4-1 through 5, Gap evidence No. 5, Eul evidence No. 1, the result of a request for market price appraisal by this court, the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiffs' assertion (1) as the deceased donated property to the defendant before the birth of the property, the plaintiffs' legal reserve of inheritance was infringed.

(2) Since there is no active or negative property inherited from the deceased, the property to be the basis for calculating the legal reserve of inheritance is only the property donated and bequeathed by the Plaintiff and the Defendants.

At the time of the deceased’s death, the appraised value at the time of the deceased’s death shall be as follows, and the property, which is money, shall be as “dyplate.”

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