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(영문) 수원지방법원 2018.09.06 2016가단520337
소유권이전등기
Text

1. The Defendant’s KRW 48,608,299 as well as the Plaintiff’s KRW 5% per annum from June 25, 2016 to September 6, 2018.

Reasons

1. Basic facts

A. On February 7, 1963, the deceased C (hereinafter “the deceased”) married with D on February 7, 1963 (the agreement of May 196) and had the Plaintiff, E, and Defendant B, G, and H under its chain, married with F on December 7, 1966.

B. On May 12, 2016, the Deceased’s wife died and succeeded to the deceased’s property by 3/13 shares, the Plaintiff, the Defendant, the E, G, and H, respectively, 2/13.

C. On the other hand, on April 20, 2016, the Deceased donated (hereinafter “instant donation”) to the Defendant of Dobong-gu Seoul Metropolitan Government I large 235.6 square meters and its ground buildings (hereinafter “instant land and buildings”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 2 and 10, the purport of the whole pleadings

2. The assertion and judgment

A. shortage in the calculation method of the shortage in the legal reserve of inheritance is calculated in the manner as described below after the specific property at the time of the commencement of inheritance (see Articles 1112 and 1113 of the Civil Act). Shortage in the legal reserve of inheritance = [A] 】 Special benefit amount of the person having the right to the legal reserve of inheritance (B) - Amount of the person having the right to the legal reserve of inheritance (C) - Amount of the positive inherited property - Amount of the inherited property - amount of the inheritance property of the inheritee 1/23 = the amount of the property acquired by the person having the right to the legal reserve of inheritance of the inheritee = 1/23 = the amount of the property acquired by the person having the right to the legal reserve of inheritance of the inheritee - the amount of the property acquired by the person having the right to the legal reserve of inheritance of the inheritee - the amount of the inheritance of the lineal descendants of

B. 2) The Defendant donated the instant land and buildings from the Deceased, as seen earlier, and in full view of the purport of the entire pleadings as a result of the court’s commission of appraisal to appraiser J, it can be acknowledged that the aggregate value of the property at the time of commencement of the inheritance was 1,671,907,890.

On the other hand, the document No. 10 is written.

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