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(영문) 서울남부지방법원 2016.11.11 2015가단228885
소유권이전등기
Text

1. The plaintiff (Counterclaim defendant)'s primary claim is dismissed.

2. The defendant (Counterclaim) shall be listed in the separate sheet.

Reasons

1. Facts of recognition;

A. The Defendant (Counterclaim Plaintiff, and Defendant (hereinafter “Defendant”) and D are children between E (Death on June 14, 2015) and F (Death on February 1, 2015).

D was killed on February 10, 2014, before the death of E and F, whose parent is the Plaintiff (the counterclaim Defendant, the Plaintiff’s “Plaintiff”) is the wife of D, and Plaintiff B is its child.

B. On April 3, 2015, the Defendant completed the registration of ownership transfer for each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) on February 1, 2015, based on legacy.

C. On November 30, 2006, G Co., Ltd. (hereinafter “G”) borrowed KRW 150 million from the bank under the joint and several guarantee of D around November 30, 2006.

E on November 29, 2006, for the purpose of securing the above loan obligations, set the right to collateral security (the right to collateral security (the right to collateral security) of KRW 180,000,000 for each real estate of this case to our bank.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 3, financial information reply to our bank, and whole purport of oral argument

2. Determination as to the claim on the principal lawsuit

A. (1) The plaintiffs asserted that they succeed to F and E's property as the substitute heir of D.

At the time of F’s death, E, Defendant, and Plaintiffs were the successors, but the Defendant independently acquired each of the instant real estate due to testamentary gift, thereby infringing upon E and the Plaintiffs’ forced inheritance.

Since the plaintiffs succeeded to the legal reserve of inheritance of E due to the death of E, the shares in the legal reserve of inheritance of the plaintiffs are finally plaintiffs A 15/70 [1/7 of the legal reserve of inheritance of the plaintiff = (1/7 of the legal reserve of inheritance of the plaintiff whose legal reserve of inheritance was infringed upon D + 3/5 of the inheritance of the plaintiff as the heir of D}, and plaintiffs B 10/70 [1/7 of the legal reserve of inheritance of the plaintiff whose legal reserve of inheritance was infringed upon + 3/14 of the legal reserve of inheritance of the plaintiff as the heir of D}.

The market price of each real estate of this case is 834,675.

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