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(영문) 부산지방법원 2016.06.10 2015가단16206
소유권이전등기
Text

1. The Defendant: (a) 1/10 each to Plaintiff A and E, and 3/70 to Plaintiff B, the Plaintiff C, and the Plaintiff, respectively, among the land size of 164 square meters in Busan Young-gu G. 164 square meters.

Reasons

1. On October 29, 1998, H of the basic facts: (a) the Plaintiff, E, Defendant, J, and K were children between I (Death on September 12, 1985) and I; (b) among them, he donated the Defendant with G field 166m2 to the Defendant on October 29, 1998; and (c) completed the registration of ownership transfer on October 30, 1998.

On March 19, 2014, the area of the said land became 164 square meters (hereinafter “instant land”) due to the division.

On May 3, 200, the above K died on May 3, 200, Plaintiff B is his husband, Plaintiff C, and D’s husband.

H On February 5, 2015, died and no inherited property was inherited at the time.

(hereinafter referred to as “H” only). [Grounds for recognition] The fact that there is no dispute, each entry in the evidence No. 1-1 to No. 5-2, and the purport of the whole pleadings.

2. Determination

A. According to the above facts of recognition of the property, which is the basis for calculating the legal reserve of inheritance, the land of this case donated by the Defendant, co-inheritors, as a basis for calculating the legal reserve of inheritance.

B. Comprehensively taking into account the results of the fact-finding on whether the plaintiff A or L separately donated property (1) the Youngdo-gu Busan Metropolitan City and the Jungsan Tax Office, the deceased was designated as a tobacco retailer on January 1, 1978, and operated food and daily miscellaneous retail stores in the M of the Busan Youngdo-gu, Busan, and the plaintiff A’s son succeeded to the tobacco retail business of the deceased on January 27, 199 and operated the daily miscellaneous retail store in the above N.

(2) The defendant asserts to the effect that, since the plaintiff A borrowed the name of L which he is an son and received a donation from the deceased for both retail stores and their goodwill, the plaintiff A shall deduct the equivalent value of the above stores and their goodwill from special profits in calculating the legal reserve of inheritance.

However, the facts acknowledged in the above paragraph (1) alone are insufficient to recognize that Plaintiff A borrowed the name of L and received a gift from the deceased, and there is no other evidence to acknowledge it.

The defendant's above assertion is without merit.

(3) The Defendant is recognized to have title trust.

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