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(영문) 대구지방법원 2019.11.22 2019가단119753
소유권이전등기
Text

1. The Defendant’s legal reserve of inheritance on May 27, 2019 with respect to each share of 1/12 among the real estate listed in the separate sheet to the Plaintiffs.

Reasons

1. Basic facts

A. D (hereinafter “the deceased”) died on January 27, 2019, and the heir has the Plaintiffs, E, F, G, and H, who are the deceased’s children.

The defendant is G's children.

B. On October 10, 2018, the Deceased donated real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant. On October 12, 2018, the Deceased completed the registration of ownership transfer in the future of the Defendant on the ground that the instant real estate was donated.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-6, the purport of the whole pleadings

2. Determination as to the cause of action

(a) In cases of legal reserve of inheritance, the value of the property owned by the inheritee at the time of commencing the inheritance, shall be added to the value of the property, and calculated by deducting

(Article 113 of the Civil Act). Donation shall be calculated only on the basis of one year prior to the commencement of the inheritance, and on the basis of its value.

(Article 114 of the Civil Act). In this case, the fact that the deceased donated the real estate of this case to the defendant within one year after the commencement of inheritance is identical to that of the deceased under Paragraph (1) of the above Article, barring any special circumstance, such real estate shall be included in the property which serves as the basis for the calculation of

On the other hand, there is no dispute between the parties that active inheritance and inheritance liability did not exist at the time of the death of the deceased.

B. According to the facts and evidence found in paragraph (1) above, since the plaintiffs' shares of inheritance are 1/6 each, 1/12 (i.e., 1/6 x 1/2) respectively, and the ordinary method of return of legal reserve of inheritance is to return the property subject to donation or testamentary gift itself.

Therefore, the defendant is obligated to perform the registration procedure for transfer of ownership on May 27, 2019, which was delivered to the defendant on May 27, 2019 by the complaint of this case, stating the plaintiffs' intent to claim the return of the forced portion with respect to each of the 1/12 shares of the instant

C. As to this, the Defendant died from August 30, 2018 with his father’s aid.

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