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(영문) 대구지방법원 2018.11.23 2016가단114139
소유권이전등기
Text

1. As to the shares of 7,447,50/130,670,000 among each real estate listed in the separate sheet to the Plaintiffs, Defendant G shall be as to the shares of 7,447,50/130,000.

Reasons

1. Basic facts

A. On July 26, 2015, the Plaintiffs as the parties and Defendant F inherited the deceased’s property as the children of H, who died on July 26, 2015 (hereinafter “the Deceased”). Defendant G is Defendant F’s son.

B. At the time of the death of the deceased, the deceased was holding active properties as follows, and there was no small property.

(1) 3,326§³ prior to I in Gyeongbuk-gun: (3) 155 square meters in JJ-gun in Gyeongbuk-gun in Gyeongbuk-gun. (4) A term deposit: approximately KRW 29,500,000 won in Gyeongbuk-gun in Gyeongbuk-gun in Gyeongbuk-gun.

C. Meanwhile, the Deceased owned before birth ① 162 square meters prior to Daegu Dong-gu L, ② 71.35 square meters of the 1st floor of the building located in Daegu Dong-gu, and 22.68 square meters of the 2nd floor (hereinafter “B property”) and donated to Defendant F on November 11, 2013.

Defendant G is above the Defendant G.

The registration of ownership transfer is completed on July 26, 2015 with respect to ①, ②, ③ real estate (hereinafter referred to as testamentary gift property) among the ports.

E. The market value of legacy and donated property at the time of the death of the deceased shall be as follows:

① 208,494,00 won (2) 28,394,500 won on the ground housing located in Daegu Dong-gu L, Daegu-gu, Daegu-gun (3), 326§³ 42,905,400 won (42,900 won) prior to I, 326 m2,326 m26 m26 m2,400 (1,364,000 won (5 m25,45 m25,45 m2,40,600 won) for Gyeong-gun, Sung-gun, Chungcheongnam-gun, Chungcheongnam-do.

F. Under an agreement with Defendant F, the Plaintiffs:

B. (4) The deposit 29.5 million won was distributed in each 5.9 million won.

[Reasons for Recognition] Unsatisfy, the result of the market price appraisal in this case and each entry of Gap evidence 1, 2 and 3 (including the paper number)

2. Chief;

A. The Plaintiffs asserted that Defendant F donated donated property by Defendant F, and that Defendant G’s testamentary gift was infringed upon the Plaintiffs’ forced inheritance rights, and thus, the Plaintiffs were entitled to recover the shortage from the Defendants’ forced inheritance rights.

In addition, with regard to the fact that the plaintiffs agreed with defendant FF to waive their entitlement to legal reserve of inheritance on August 24, 2015, such waiver agreement is made against the plaintiffs when the defendant F waives their entitlement to legal reserve of inheritance of gift property.

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