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(영문) 광주지방법원 목포지원 2018.05.30 2017가단50264
소유권이전등기
Text

1. As to the Plaintiff, Defendant B’s KRW 20,06,211, Defendant C’s KRW 3,114,61, and each said money, from November 2, 2017.

Reasons

1. Basic facts

A. On March 24, 2016, the parties involved Non-Party D (Ear, hereinafter “the deceased”) died. The heir is a spouse under the law that completed the marriage report on August 13, 1987, and seven children such as Plaintiff, Defendants, and Non-Party F, G, H, I, and J (the birth between the mother and Non-Party D).

B. 1) The Deceased’s gift, etc. of each real estate is each real estate listed in the separate sheet (hereinafter “each real estate of this case”) against the Defendants before their birth.

(2) On August 16, 2006, Defendant B donated each real estate listed in the separate sheet No. 1-3, and each real estate listed in the separate sheet No. 4-6, Oct. 26, 2015, and Defendant C completed the registration of ownership transfer based on each gift, as to the real estate listed in the separate sheet No. 7, Aug. 16, 2006. (2) The market price of each real estate of this case as of March 24, 2016, where the deceased died, is the same as the “value” listed in the separate sheet, and there was no specific positive or negative property against the deceased at the time of his death.

[Reasons for Recognition: Unsatisfy, Gap 1, 2, and 5 (including each number; hereinafter the same shall apply)

(2) Each entry, the result of the market price appraisal commission for the branch office of the Corporation, the corporation of this court, and the purport of the entire pleading

2. In a case where the plaintiff, as co-inheritors of the deceased, has a shortage in the plaintiff's legal reserve of inheritance due to the birth donation made by the deceased to the Defendants, the plaintiff may seek the return of the shortage to the extent of the shortage, and the method of calculating the shortage is as follows.

Shortage in legal reserve = [A] x (B) of the person holding the right to legal reserve 】 Special benefit (C) of the person holding the right to legal reserve ? Amount of the right to the legal reserve ? The amount of the right to the legal reserve ? The amount of the right to the legal reserve ? The amount of the right to the legal reserve ? B of the right to the legal reserve ? the amount of the right to the legal reserve 1/23 = the amount of the right to the legal reserve ? the amount of the right to the legal reserve ?

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