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(영문) 서울북부지방법원 2016.06.22 2015가단102689
지분이전등기
Text

1. As to the Plaintiff A’s share of 17,094, 296/468, 753,600 among each real estate listed in the separate sheet, the Defendant shall be as to the Plaintiff B.

Reasons

1. Facts of recognition;

A. The non-party E(here-child) took the forms of Non-party G(ma), the defendant(mama), H(ma), and I(ma) between the non-party F(here-child) who is his spouse. The above G married the plaintiff A on August 22, 1984 and the plaintiff B and C on his own, and died on November 20, 193.

B. On May 4, 2007, E died on May 4, 2007, there were F (3/11 in inheritance), Defendant (2/11 in inheritance), H (2/11 in inheritance), I (2/11 in inheritance), Plaintiffs (G substitute inheritors, 6/77 in inheritance A, Plaintiff B’s inheritance portion 4/77 in inheritance, Plaintiff C’s inheritance portion 4/77 in inheritance, and Plaintiff C’s inheritance 2/11 in total) with respect to each real estate of this case owned by E, and registration of transfer of ownership based on legacy on May 4, 2007 was made to the Defendant.

C. As of May 4, 2007, the aggregate market price of each real estate of this case as of May 4, 2007 is KRW 468,753,600 [=real estate listed in attached Table No. 1 (hereinafter “instant real estate”).

[Attachment 310,080,000 [Attachment 310,000] Real Estate listed in Paragraph 2 of [Attachment 310,000] [Attachment 2]]

(i) 158,673,600 won (i.e., the overall market price of 1,55,200,000 x co-ownership of 4407.6/43,200).

[Reasons for Recognition] Facts without dispute, each entry of Gap evidence 1 to 3 (including each number), the appraisal result by the appraiserJ, the evidence submitted to the defendant as a whole, etc. do not interfere with the above fact-finding.

2. The assertion and judgment

A. (1) The parties’ assertion (1) at the time when E dies, there were co-inheritors’ spouse (F), lineal descendants (Defendant, H, I) and G’s lineal descendants (the lineal descendants who died earlier than E). However, E, by means of the legacy of all of the instant real estate owned by the Defendant, one of co-inheritors, thereby infringing on the Plaintiffs’ right of forced inheritance (Plaintiff A3/77, Plaintiff B2/77, Plaintiff C2/77, and Plaintiff C2/77).

Since one of the co-inheritors receives a donation from the inheritee, each of the instant real estate is an active inherited property.

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