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(영문) 인천지방법원 부천지원 2018.05.31 2017가단113442
소유권이전등기
Text

1. The Defendant’s legal reserve of inheritance on November 20, 2017 with respect to 1/17 shares of each real estate listed in the separate sheet to the Plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs were married with the deceased G (hereinafter “the deceased”) and the Plaintiffs were children, and the said H died on May 1, 1974.

On July 10, 1976, the Deceased was married with I on July 10, 1976 and then the Defendant and the J were his children. On August 18, 2012, the Deceased died on August 18, 2012, the ratio of I’s statutory inheritance is 3/17, and the ratio of inheritance by the Plaintiffs, the Defendant, and the J’s legal inheritance by their children is 2/17, respectively.

B. The Deceased owned each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) before the birth, but completed the registration of ownership transfer on June 12, 2017 by reason of testamentary gift on August 18, 2012 (hereinafter “instant testamentary gift”).

C. Meanwhile, on the other hand, the Plaintiffs sought a return of the forced share of the inheritance from the Defendant’s donation from the Deceased on June 27, 2007, as to the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the ownership of which was acquired on June 27, 2007, as to 608.4m2, Incheon District Court Branch Branch Decision 2015Gadan9273, and received a favorable judgment on July 21, 2015, and the said judgment became final

[Reasons for Recognition] Facts without dispute, entry of Gap 1 to 17 evidence, substantial facts in this court, the purport of the whole pleadings

2. According to the above facts of the judgment as to the cause of the claim, since the plaintiff's legal reserve of inheritance was infringed upon by the testamentary gift of this case, the defendant is obligated to implement the procedure for the registration of transfer of ownership with respect to shares equivalent

The plaintiffs' legal reserve of inheritance is 1/2 of each legal reserve of inheritance 1/17.

Therefore, the defendant is obligated to implement each procedure for the registration of ownership transfer on November 20, 2017 with respect to each of the 1/17 shares of the instant real estate to the plaintiffs on the ground that the copy of the complaint of this case was served on the defendant.

3. It is so decided as per Disposition by admitting the plaintiffs' claims of this case on the grounds of all of them.

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