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(영문) 서울동부지방법원 2021.01.14 2019가단144579
소유권이전등기
Text

1. On September 6, 2019, the Defendant issued to the Plaintiffs each share of 356/4,695 of each of the real estate listed in the separate sheet.

Reasons

1. Basic facts

A. The deceased E (hereinafter “the Deceased”) was born on the F date and died on March 21, 2019. The heir had five persons, including the Plaintiffs, the Defendant, and Nonparty H, who were born between the spouse G and the deceased on June 8, 1997.

B. On April 11, 2014, the Deceased donated each of the shares of 4,260/4,695 to the Defendant among each of the instant real estate owned by the Defendant on April 11, 201, and each of the shares of 435/4,695 to the Defendant I, who is the Defendant’s wife, and the ownership between the Defendant and I was completed on the same day (hereinafter “each of the instant donations”).

Meanwhile, at the time of the deceased’s death, the deceased’s inherited property is due to the previous 476m2 (hereinafter “J site”) in the South-Uanan-Gun Janan-gun, and there is no inheritance obligation.

【Unfounded grounds for recognition】 Facts without dispute, Gap evidence (including branch numbers), the purport of the whole pleadings

2. Each of the instant donations by the deceased asserted by the plaintiffs is substantially a donation to the defendant. Since the defendant violated the legal reserve of inheritance, the defendant is a return of the oil portion infringed upon the plaintiffs, and the ratio of 1/10 of the plaintiffs' respective shares of 367/4,965 of each of the instant real estate (=1/5 of the inheritance portion x 1/2 of the oil portion) calculated by considering the value at the time of the commencement of inheritance of each of the instant real estate and the instant land.

shall be liable to implement the registration procedures for the transfer of ownership.

3. Whether a duty to return a legal reserve of inheritance arises;

(a) The shortage in the method of calculating the shortage in the legal reserve of inheritance may be calculated through the following formula:

Shortage in legal reserve of inheritance = [A] amount of property which forms the basis for calculation of legal reserve of inheritance 】 (B) ratio of oil of the person entitled to the division of oil in question] - amount of special profit (C) of the person entitled to the division of oil in question - amount of net inheritance of the person entitled to the division of oil in question = amount of positive inheritance + amount of gift + amount of inheritance ? amount of inheritance debts ? 1/2 C = increase in number of lineal ascendants and descendants of the inheritee and spouse of the person entitled to the division of oil = amount of property acquired by inheritance of the person entitled to the division of oil in question.

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