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(영문) 서울중앙지방법원 2016.06.15 2015가단71472
소유권이전등기 등
Text

1. On May 2015, the Defendant’s share of 59,615,384/1,200,000,000 among each real estate listed in the separate sheet to the Plaintiffs.

Reasons

1. Basic facts

A. On November 30, 2013, D died (hereinafter “D”) and jointly succeeded to the deceased on November 30, 2013, the Defendant (the Deceased’s report of marriage between the deceased and his wife on September 28, 1998), the Plaintiffs, Nonparty 2, E, F, and G, who are their children.

B. Each real estate listed in the separate sheet (hereinafter “the instant real estate”) is a real estate the deceased completed on October 2, 1998 the ownership transfer registration (the cause of sale on July 10, 1998).

On October 21, 2009, the Deceased donated 7/10 of the instant real estate to the Defendant, and completed the registration of ownership transfer based on the said donation on the same day. On January 7, 2013, the Deceased donated 3/10 of the remaining 3/10 of the shares, and completed the registration of ownership transfer based on the said donation on January 8, 2013.

(hereinafter referred to as “instant donation”) each donation; (c)

The Plaintiffs did not inherit any property from the deceased.

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap's 1 through 5 (including each number), and the purport of whole pleading

2. Judgment on the claim for the return of legal reserve of inheritance

A. The gist of the plaintiffs' claim is that the defendant has a duty to return legal reserve of inheritance to the plaintiffs. Since there is no inherited property or debt other than the real estate in this case, the defendant is obligated to implement the registration procedure for transfer of shares due to the plaintiff's return of legal reserve of inheritance of 1/13 of the real estate in this case.

B. According to the above facts of recognition, the real estate of this case donated by the Defendant from the deceased is included in the basic property for calculating the legal reserve of inheritance. Therefore, if the legal reserve of inheritance of the Plaintiffs was infringed due to the donation of this case, the Defendants are obligated to return to the Plaintiff the legal reserve of inheritance. 2) Accordingly, the Defendant purchased the real estate of this case with the Defendant’s funds, and the Defendant purchased the real estate of this case with the title trust to the deceased.

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