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(영문) 서울동부지방법원 2016.12.14 2015가단124607
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. E (hereinafter “the deceased”) died on March 17, 2012, and his heir is the Plaintiff B, C, Defendant, and F, the wife of the Plaintiff A, C, Defendant, and F.

B. G owned the instant real estate No. 1, but due to the death of G on May 1, 1995 by G, G completed the registration of ownership transfer on February 7, 2012 with respect to the instant real estate No. 1 as a result of inheritance by consultation and division on February 7, 2012.

C. On February 28, 2012, the Deceased completed the registration of ownership transfer to the Defendant on the ground of donation on the same day with respect to one-half portion of the instant immovable property No. 1.

On the other hand, on December 29, 1994, G completed the registration of transfer of ownership on the instant real estate 2 by reason of donation on December 28, 1994. However, on February 7, 2012, G completed the registration of transfer of ownership on the instant real estate 2 to the Defendant on January 10, 2012.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 4, Eul evidence 14 and 16 (including paper numbers), the purport of the whole pleadings]

2. The parties' assertion and judgment

A. The plaintiffs asserted that the deceased's forced inheritance was infringed upon by donating 1/2 shares among the real estate No. 1 of this case and the real estate No. 2 of this case to the defendant. Accordingly, the defendant claimed that the deceased donated 1/2 shares from the deceased, but the defendant compensated the deceased's heir, including the plaintiffs, with monetary compensation. In addition, the plaintiffs filed the lawsuit of this case after the lapse of one year since they knew of the above donation around March 31, 2012, and the plaintiff filed the lawsuit of this case after the lapse of one year thereafter. The second real estate of this case was not owned by the deceased.

B. (1) Determination is based on the part of the first real estate of this case, and first, the plaintiffs' right to claim the return of legal reserve of inheritance.

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