logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2011.06.23 2009가단50183
소유권이전등기절차이행
Text

1. The defendant shall enter the plaintiffs in the column of "legal reserve of inheritance" in the annexed list of inheritance relations among 16,811 square meters of forest land in Namyang-si, Namyang-si.

Reasons

1. Basic facts

A. Succession (1) The J (hereinafter “the deceased”) died on August 12, 2009 and succeeded to the deceased’s property in the proportion of the “contributation” column in the “contributation” column in the annexed list of inheritance relations.

(2) However, before the death of the deceased, K, L, and M died as stated in the “heir” column of the same list and their wife or children stated in the “heir heir” column of the same list inherited their property by representation in the proportion of the description in the same list.

B. On June 12, 1991, the Defendant donated 16,811 square meters of I forest land (hereinafter “the instant forest”) from the deceased in Namyang-si, Namyang-si, Namyang-si, and completed the registration of ownership transfer.

C. The Deceased did not have active property or obligation at the time of his death.

[Ground of recognition] The non-contentious facts, Gap 1-3 (including each number), the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the forest of this case is deemed to be included in the basic property for calculating the legal reserve of inheritance. Thus, the defendant is obligated to implement the registration procedure for transfer of ownership on the ground of the return of the legal reserve of this case on November 2, 2009, on which the copy of the complaint of this case was delivered to the defendant, among the forest of this case donated to the plaintiffs by the defendant.

B. (1) The Defendant asserts that “The gift pursuant to Article 1114 of the Civil Act shall be calculated only on one year prior to the commencement of the inheritance pursuant to the provisions of Article 1113.” The Defendant asserts that when the deceased donated the forest of this case to the Defendant, the forest of this case shall not be included in the property, which is the basis for calculating the legal reserve of inheritance, since it was before August 12, 2009, the date of death of the deceased, which was 18 years prior to the commencement of the inheritance.”

Therefore, the article 118 of the Civil Code is examined.

arrow