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(영문) 제주지방법원 2016.06.24 2015가단15268
소유권이전등기 말소
Text

1. The Defendant’s share on October 27, 2015 with respect to each of the real estate listed in the separate sheet to the Plaintiffs.

Reasons

Basic Facts

A. On September 3, 2008, the network D (hereinafter “the deceased”) completed the procedure for ownership transfer registration for each real estate listed in the separate sheet (hereinafter “each real estate of this case”) to the Defendant on August 29, 2008.

B. On August 11, 2015, the Deceased died, and at the time of death, there was KRW 12,024,903 at the head of the Tong of the Namwon National Agricultural Cooperative, which was owned by the Deceased, but the Defendant withdrawn KRW 12,00,000 from the head of the Tong on August 18, 2015.

C. Meanwhile, the Defendant spent 16 million won for funeral expenses of the Deceased.

The plaintiffs and the defendant jointly inherited the deceased's property at the rate of 1/3 of each of the deceased's children.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 4, 6, 7, Eul evidence Nos. 1 and 2 (including virtual numbers, hereinafter the same shall apply), and judgment as to the claim for the registration of ownership transfer of the purport of the entire pleadings, the plaintiffs and the defendant, co-inheritors, who are co-inheritors, are included in the basic property for calculating the legal reserve of inheritance, and there is no evidence to prove that there was other inherited property at the time of the death of the deceased (the cash in the account of the deceased was used as funeral expenses of the deceased), and there is no evidence to prove that there was other inherited property at the time of the death of the deceased (the cash in the account of the deceased was used as funeral expenses of the deceased

The ratio of the plaintiffs' legal reserve of inheritance is 1/2 of statutory inheritance, and there is no evidence of assertion against the plaintiffs' special profit or net inheritance amount. Thus, the plaintiffs' legal reserve of inheritance is 1/6 of each real estate of this case.

Therefore, the defendant is obligated to return to the plaintiffs the share of 1/6 of each of the real estate in this case as a return of legal reserve of inheritance.

The defendant's assertion 1 is that the gift of each of the real estate in this case was made one year prior to the commencement of the inheritance, so it is not included in the basic property for calculating the legal reserve of inheritance pursuant to Article 1114 of the Civil Code.

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