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(영문) 의정부지방법원 2020.01.17 2018나208285
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Quotation of judgment of the first instance;

B. (1) The Defendant is deemed to have dismissed the part of the dismissal. The Defendant is deemed to have “E land before subdivision” (hereinafter “E land before subdivision”).

(B) On April 16, 1974, the registration of ownership transfer was completed on April 16, 1974 for sale and purchase on April 2, 1974, and F large 178 square meters (58 square meters, hereinafter “F land”).

The registration of ownership transfer was completed on June 24, 197 on June 10, 197 for sale as of June 10, 197. In this regard, the purchase price stated in the sale certificate of the F land was KRW 89,000 (On the other hand, the Defendant had the purchase price of KRW 120,000 at the time of the sale and purchase of the E land before division.

(B) On September 24, 2001, E land was divided into E, E, 1,747 square meters (hereinafter “E land after division”) and G 229 square meters (hereinafter “G land”).

C) As above, the Defendant was in attendance at a middle school or high school at the age of 14-17 at the time of completion of the registration of transfer of the ownership of land E and F land before division. The number of days of absence for three years at the Defendant’s middle school was 3 days in total, and the number of days of absence for three years at high school was 10 days in total. [Grounds for recognition] There is no dispute, each entry of evidence Nos. 5, 6, 7-1, 2, 8-1, 3-2, and 3-2, and the purport of the entire pleadings, and the argument of the parties in the whole purport of the pleading. (2) The land E and F before division of the Plaintiff is the real estate that the deceased donated to the Defendant before division. As such, the basic property for calculating the legal reserve of inheritance should be 68,341,966 won in the value of each of the above real estate at the time of the commencement of the inheritance of the Plaintiff’s legal reserve of inheritance.

B) The Defendant purchased the land E and F before the division in return for the Defendant’s work as a farmer, and was not donated from the Deceased. (3) Before the legal reserve of inheritance system was established, the Defendant donated the property to the heir or a third party.

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