(영문) 광주지방법원 2018.01.19 2016가단533981

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(영문) 광주지방법원 2018.01.19 2016가단533981

소유권이전등기

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1. As to the Plaintiff’s share 10,112,945/251,381,240 of the real estate listed in the separate sheet, the Defendant dated January 6, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is the deceased C’s child (hereinafter “the deceased”), and the Defendant is the deceased’s spouse.

The plaintiff and the defendant are the mother and child relationship.

The Deceased died on March 5, 2016.

B. On January 6, 2015, the Deceased shared each of the real estate listed in the separate sheet with the Defendant, and donated the instant real estate to the Defendant.

C. As of the deceased’s death date, the market price of each real estate listed in the separate sheet is KRW 251,381,240.

(In fact that there is no dispute, Gap evidence 2-1 and 2, the result of the appraisal of the market price of the D Appraisal Office, the purport of the whole pleadings.

2. The parties' assertion

A. The Defendant, who did not have any property or inherited from the deceased, was donated the instant real estate, thereby infringing on the Plaintiff’s legal reserve amount.

Therefore, we seek the return of legal reserve of inheritance.

B. Defendant 1) The Plaintiff is not the natural father of the deceased, and even if the deceased adopted the Plaintiff as an adopted child, there is a possibility that the Plaintiff could have agreed on the adoption report as an adoptive parent without the intent to form his/her status as an adoptive parent, and it is difficult to deem that there was an adoption substitute of the Plaintiff’s legal representative. Therefore, there is a ground for invalidation of adoption. Therefore, the Plaintiff’s donation of 1/2 shares to the Defendant by the deceased’s legal representative on the attached list also includes the meaning of compensation for the spouse’s contribution or effort, the assessment of actual common property, the liquidation of real common property, and the performance of his/her duty to support for the spouse’s female. As such, 1/2 shares of each real estate listed in the attached list do not constitute special

3) The Plaintiff obtained a total of KRW 20 million special benefit, which ought to be taken into account in calculating the legal reserve of inheritance. Moreover, at the time of the deceased’s death, there was a total of KRW 9 million obligation to return deposit. 4).

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