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(영문) 대전지방법원 2021.03.24 2019나110672
소유권이전등기
Text

The part of the judgment of the first instance, including the claim expanded and reduced in this court, against the plaintiffs is as follows.

Reasons

1. Basic facts

A. The deceased E (hereinafter “E”) had children of 4 to 3, including the Plaintiffs and the Defendant, under the chain.

B. On August 21, 2015, the decedent bequeathed each real estate, etc. recorded in the same list except for the real estate listed in paragraph (4) of the attached list by a self-fashion process certificate to the Defendant on August 21, 2015, and on September 2, 2015, the decedent completed the registration of ownership transfer on each real estate listed in paragraphs 2 through 4 of the attached list to the Defendant on the same day.

(c)

On January 7, 2017, the inheritee died, and the Plaintiffs and the Defendant jointly inherited the inheritee’s property, respectively.

(d)

Since then, on August 1, 2017, each of the real estate listed in the separate sheet Nos. 1, 5, and 8, the inheritance registration was completed in the future of the co-inheritorss. B on August 3, 2017, the ownership shares of the remaining co-inheritors except the defendant were transferred to the defendant on the ground of testamentary gift on the date of preparation of the fair will document.

[Grounds for recognition] A’s evidence of 2017 Ghana 6696 case (in the first instance trial, the Daejeon District Court’s Hongsung Branch of the Daejeon District Court’s 2017 group of 6696 case and the same court’s 2017 group of 2017 group of 2017 group of 6696 case and the evidence of 2017 group of 8364 case are referred to separately as evidence of 2017 group of 2017 group of 8364 case), Gap’s evidence of 1 through 3 (in the case of main numbers, including branch numbers; hereinafter the same shall apply), Gap’s evidence of 8364 group of 2017 group of 8364 group of Gap, the purport of the whole pleadings, and the purport of the arguments as a whole.

2. The summary of the cause of the claim was that the Defendant donated or received inherited property from the inheritee in excess of its own legal reserve of inheritance and infringed the Plaintiffs’ legal reserve of inheritance. As such, the Defendant should pay to the Plaintiffs money as stated in the separate sheet (hereinafter collectively referred to as “each real estate of this case”) each of the real estate in the return of the oil portion and the purport of the claim.

3. Determination

(a) Shortage in the calculation method of oil in the legal reserve of inheritance = [the basis for the calculation of the legal reserve of inheritance;

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