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(영문) 서울중앙지방법원 2017.10.27 2017가합29175
소유권이전등기
Text

1. The Defendant’s KRW 262,314,886 as well as the Plaintiff’s annual rate from July 8, 2017 to October 27, 2017, and the following.

Reasons

Basic Facts

The deceased C (hereinafter referred to as “the deceased”) died on May 11, 2016, and the deceased’s heir is the Plaintiff, Defendant, and D, a child.

On March 19, 2015, the Deceased donated each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) to the Defendant, and the Defendant completed the registration of ownership transfer on each of the instant real estate as Seoul Central District Court’s registration No. 69149, Mar. 19, 2015.

At the time of the death of the deceased, there were 4,590 won of deposit claims against the new bank, 49,119 won of deposit claims against the Han Bank, and 6,972 won of deposit claims against the Nonghyup Bank, and there was no other inherited property or inheritance liability.

[Ground of recognition] A, evidence Nos. 1 and 2, evidence Nos. 3-1 and 2, each of the order to submit financial transaction information to the new bank, Han Bank, Han Bank, and Nonghyup Bank Co., Ltd. in this court, as a result of the inquiry of the fact by the court administration of this court, and the purport of the entire argument by the plaintiff was not entirely inherited property of the deceased. Thus, the defendant's donation of each of the real estate from the deceased by the plaintiff was infringed upon the plaintiff

Therefore, the Defendant’s shortage in legal reserve of inheritance amounting to KRW 262,350,00 (i.e., KRW 1,573,950,000 at the time of the death of the deceased x 1/6 of the Plaintiff’s legal reserve of inheritance) and damages for delay.

The shortage of calculation method = [A] 】 the amount of property that forms the basis for calculation of the legal reserve 】 the special profit (C) - the net amount of inheritance (D) with the person entitled to the legal reserve ? A = the amount of inheritance (including testamentary gift) - the amount of inheritance / the amount of lineal descendants of the inheritee 1/23 = the amount of inheritance d = the amount of inheritance / the amount of inheritance / the amount of inheritance / the amount of inheritance / the amount of inheritance / the person entitled to the legal reserve / the person entitled to the legal reserve / 23.

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