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(영문) 서울중앙지방법원 2017.02.08 2014가합58059
공유지분소유권이전등기절차이행
Text

1. On December 9, 2014, the Defendant made the return of the legal reserve of inheritance to the Plaintiffs on the real estate stated in the attached list.

Reasons

1. Basic facts

A. G (hereinafter “the deceased”) died on July 10, 2014, and the co-inheritors are the Plaintiffs and the Defendant, who are their children.

B. On June 1, 2009, the Deceased prepared a testamentary document stating that the real estate listed in the separate sheet (hereinafter “instant real estate”) will be bequeathed to the Defendant.

C. As to the instant real estate, the Defendant completed the registration of ownership transfer under the name of the Defendant, as Seoul Central District Court No. 185633, Aug. 25, 2014, based on testamentary gift dated 10, 2014.

B4 H 50,000,000 301 I 85,000,000 B3 J 20,000,000 302 K 80,000,000 30,0000 L 75,000,0003 M 30,0003 M 50,0000,000 10,003 promptly 50,000,000 30,000 N 5,000,000 304 N 5,000,000,000 80,000 20,000 P 20,000, Q 6,0002 Q 6,000, 005, 005, 0036, 0005, 0005, 006, 005,005, 000

D. As to the instant real property, there are obligations to refund the lease deposit of KRW 756,00,000 in total as follows:

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 (including a provisional number; hereinafter the same shall apply), Eul evidence No. 2, the purport of the whole pleadings

2. Since the plaintiffs' assertion infringed on the plaintiffs' legal reserve of inheritance by accepting the legacy from the deceased, the defendant is obligated to return the legal reserve of inheritance infringed on the plaintiffs, and the defendant is obligated to perform the procedure for ownership transfer registration as to each one-eight share of the real estate of this case, and the plaintiff is obligated to pay each of 287,529,333 won and damages for delay as a preliminary return method.

3. Return of legal reserve of inheritance:

A. 1) In full view of the overall purport of the arguments as a result of appraiser W’s appraisal, the market price at the time of inheritance of the instant real estate was 2,30,234,670 won (=land 2,045,160,000 building) was 255,074,670 won, and the obligation to return the lease deposit in the instant real estate is recognized.

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