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(영문) 서울서부지방법원 2016.01.14 2015가단210258
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts may be acknowledged if there is no dispute between the parties, or if the purport of the entire pleadings is added to each entry in Gap evidence Nos. 1 and 2 (including paper numbers).

The plaintiff is the deceased C (hereinafter referred to as "the deceased") and the 1 South and North women of D's 1 South and North Korea, and the defendant is the South and North Korea.

B. The Deceased died on September 21, 2012, and as his wife D was 3/11 shares, the Plaintiff, the Defendant, and the remaining children were co-inheritors, with their respective shares of 2/11.

C. The Deceased owned each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) before birth, and on November 11, 2009, donated each of the instant real estate to the Defendant and completed the registration of ownership transfer on the same day.

2. The Plaintiff asserted that the Defendant had the right to claim the return of 1/11 shares equivalent to 1/2 of the Plaintiff’s statutory inheritance among each of the instant real estate, and filed a claim against the Defendant for the implementation of the procedure for ownership transfer registration as to the shares of 1/11 of the said real estate.

As the Defendant received each of the instant real properties from the Deceased, each of the instant real properties constitutes donated property that serves as the basis for calculating the legal reserve of inheritance.

I would like to say.

However, in this case where there is no assertion or evidence regarding the inherited property other than each of the instant real estate at the time of the commencement of the deceased's inheritance with a view to calculating the shortage in the legal reserve of inheritance, it cannot be readily concluded that all of the shares of 1/11 of the instant real estate asserted by the plaintiff can be returned to the defendant below the legal reserve of inheritance. Furthermore, even if the right to claim the legal reserve of inheritance is recognized, the right to claim the legal reserve of inheritance shall not be within one year from the time when the person with the right to claim the legal reserve

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