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(영문) 서울고등법원 2020.10.16 2020나2006489
소유권이전등기
Text

1. The judgment of the first instance court, including the Plaintiff’s principal claim expanded and reduced in this court, is next to the judgment of the first instance court.

Reasons

1. Basic facts

A. The Plaintiff’s father C (hereinafter “the deceased”) died on July 19, 2018, and his wife D, 1 Women E, 2 Women E, 2 Women, the Defendant, the son, and three girls F inherited the Deceased.

B. The Deceased bequeathed KRW 14,851,652, total sum of the real estate listed in the separate sheet 1,3,4, and 6 (hereinafter “real estate of this case”) and his bank deposits owned by the Deceased at the time of commencing the inheritance, to the Defendant.

The defendant completed the registration of ownership transfer concerning the legacy of this case on August 16, 2018.

[Ground of recognition] The non-contentious facts, Gap evidence Nos. 1 through 6, Eul evidence No. 1 (including each number if there are several numbers), each order of submission of financial transaction information to the G association moving points at the court of first instance, the purport of the whole pleadings

2. Determination on the main claim

A. The summary of the Plaintiff’s assertion was: (a) the Defendant received from the Deceased money of KRW 246,29,852 in total and KRW 146,851,652 in the attached list (i.e., testamentary gift of KRW 146,448,220 in the monthly rent of KRW 146,448,220 in the deceased’s possession account; and (b) KRW 31,50,000 in the first instance court claiming a gift of KRW 85,00 in the Defendant’s possession account; and (c) KRW 53,50,000 in the appellate court claiming an additional donation of KRW 53,50 in the said court; and (d) thereby, the Defendant infringed the Plaintiff’s legal reserve of inheritance of KRW 1,463

Thus, the defendant is obligated to perform the registration procedure for transfer of ownership with respect to each share stated in the claim among the testamentary gift property of this case, which is the movable property in return to the plaintiff.

(b) Shortage in the calculation of shortage in legal reserve of inheritance may be calculated according to the following methods:

Shortage in legal reserve = Amount of legal reserve of inheritance [A] 】 Special benefit (C) by the person with the right to legal reserve of inheritance (B) - The net benefit (D) by the person with the right to legal reserve of inheritance at the time of commencement of inheritance = + Property actively at the time of commencement of inheritance ? Inheritance obligation amount of donated property = Lineal descendant and spouse of the inheritee.

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