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(영문) 부산고등법원(창원) 2019.05.09 2018나13700
소유권이전등기
Text

1.The judgment of the first instance, including the preliminary claim extended by this Court, shall be modified as follows:

Reasons

1. Basic facts

A. The network D (hereinafter referred to as “the network”) and the network E were married to have F, Plaintiffs, and Defendant under their chain, and the network E died on July 22, 2014, and the Deceased on March 11, 2015.

B. On October 13, 2008, the Defendant completed the registration of ownership transfer on the ground of donation on the same day (hereinafter “instant real estate”) with respect to each real estate listed in the separate sheet owned by the Deceased (hereinafter “instant real estate”).

【Ground of recognition】 The fact that there has been no dispute, Gap's Nos. 1, 2, 7 (including paper numbers), Gap's No. 5-4, the purport of the whole pleadings

2. The plaintiffs' assertion

A. The registration of transfer of ownership of this case is null and void as the Defendant completed the registration transfer document without the consent of the deceased. The Defendant’s coerciond the deceased to express his intent of donation, and completed as a result, and the Plaintiffs, the inheritor of the deceased, were null and void by cancelling the said declaration of intent of donation.

Therefore, the defendant is obligated to implement the registration procedure for transfer of ownership based on the restoration of real name with respect to each of the shares of 1/4 of the plaintiffs' shares in the real estate of this case.

B. Even if the deceased donated the instant real estate to the Defendant, the Defendant received from the deceased each donation of KRW 119,00,000 in cash, KRW 10,501,00 in cash, KRW 10,500 in cash, and KRW 45,00,50 in cash, in addition to the instant real estate, even if the deceased donated the instant real estate to the Defendant, and the donation to the Defendant by the deceased infringed the Plaintiffs’ legal reserve of inheritance.

Therefore, the defendant is obligated to implement the procedure for the registration of ownership transfer based on the return of the legal reserve of inheritance with respect to each of the 1/8 shares of the plaintiffs among the real estate in this case. ② The legal reserve of inheritance is based on the legal reserve of inheritance of each heir calculated based on the consumer price index (=(134,704,626,626, 10,789,035, 49,097, 815, 1/8, 2000) x 1/8.

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