logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2019.07.03 2018나321482
소유권말소등기
Text

1. Upon a claim for a change in exchange by this court, the defendant

A. Attached list to the Plaintiff (Appointed Party).

Reasons

1. Basic facts - On April 9, 2007, the Council donated each of the real estate listed in the separate sheet (hereinafter “each of the instant land”) and 87 square meters prior to Ansan-si (hereinafter “D”) to the Defendant, who is Cho Dong-si, and completed the registration of ownership transfer.

However, the grounds for registration in the registry are "trade on April 4, 2007".

- After the lapse of ten years thereafter, the Deceased filed the instant lawsuit against the Defendant seeking the cancellation, etc. of the ownership transfer registration of each of the instant land on the ground of the cancellation, etc. of the said gift contract.

- As the deceased died on or around December 12, 2017 during the proceeding, only the deceased’s Appointor I (hereinafter “Appointed”) and the Plaintiff’s Appointor (hereinafter “Plaintiff”) who is a dependent.

A) A joint inheritance, and the proceedings were taken over. - After the judgment of the court of first instance, the Plaintiff changed the Plaintiff’s claim for the return of legal reserve to an exchange with the claim for return of legal reserve while appealed. The Defendant did not raise any objection to this. [Grounds for Recognition] The Defendant did not have any dispute, Gap 1 through 3, 15, 19 through 22 (including the provisional number, the purport of the entire pleadings

2. The assertion and judgment

A. Each of the instant lands (and D land) that the Plaintiff allegedly donated to the Defendant was the entire property of the Deceased.

Therefore, since legal reserve of inheritance was infringed upon by the above donation, the defendant shall return the legal reserve of inheritance, and transfer 3/10 shares of each land of this case to the designated parties, and 2/10 shares to the plaintiff, respectively.

B. Article 1112 (Persons with Right to Legal Reserve of Inheritance and Legal Reserve of Inheritance) of the Civil Code provides that legal reserve of inheritance shall be according to the following subparagraphs:

1. For lineal descendants of an inheritee, one half of the inheritance stipulated by law;

2. The spouse of an inheritee shall add the value of donated property to the value of the property at the time of commencing the inheritance of the inheritee, but deduct the total amount of debts, in cases of legal reserve of inheritance.

§ 114. Donations to be incorporated

arrow