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(영문) 청주지방법원충주지원 2015.11.05 2015가단21175
소유권이전등기
Text

1. The Defendant is as of May 7, 2015 with respect to each share of 1/12 of the respective real estate listed in the separate sheet to the Plaintiffs.

Reasons

1. Facts of recognition;

A. E (hereinafter “the deceased”) is married on March 2, 1955 with F and the Plaintiffs, Defendant, G, and H under the chain.

B. The Deceased died on July 13, 2008, and F died on January 27, 2015.

C. The Defendant received the registration of ownership transfer from the Deceased on June 28, 2007, based on the donation made on March 1, 1991 with respect to each real estate listed in paragraphs 1 and 3 of the Attached List No. 1, 2007, and the registration of ownership transfer based on the donation made on March 9, 2007 as to the real estate listed in Paragraph 2 of the Attached List No. 1, 2007.

At the time of death, the deceased did not have any property other than each real estate listed in the attached list and the unregistered building on the ground listed in the attached list No. 1.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings

2. Determination

A. Where one of the co-inheritors received a donation on the part of the inheritee from the inheritee, the property is included in the property to calculate the legal reserve of inheritance; the person entitled to the legal reserve of inheritance may claim the return of the legal reserve of inheritance against the inheritor exceeding his/her own legal reserve of inheritance; in this case, the return of the legal reserve of inheritance should be done by the method of returning the legal reserve of inheritance. This case is only each of the above real estate and unregistered buildings with property for calculating the legal reserve of inheritance since there is no active inheritance or inheritance liability in addition to each real estate listed in the separate sheet and each unregistered building listed in paragraph (1) of the separate sheet, and there is no special benefit of the person entitled to the legal reserve of inheritance, and the Defendant, one of the co-inheritors, was entirely donated to the co-inheritors. Accordingly, the Defendant filed a claim for the return of legal reserve of inheritance against the unregistered buildings on the land listed in paragraph (1) of the separate sheet at the time of filing a lawsuit against each of the real estate listed in the separate sheet.

Of the plaintiffs' legal reserve of inheritance, 1/12 (=legal reserve of inheritance 1/6) shares.

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