logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원순천지원 2016.09.07 2016가단73228
소유권이전등기
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. 사안의 개요 갑 1∽3, 6호증(가지번호 포함)의 각 기재, 변론 전체의 취지에 의하면 다음과 같은사실이 인정된다.

① On June 2009, C had the original Defendant as his child, and died on March 12, 2015, and D died on March 12, 2015.

② C은 생전에 별지1 목록 1, 4, 6∽9항 기재 각 부동산을 피고에게 증여하였다.

③ On July 21, 2009, the registration of transfer of ownership was completed on June 5, 2009 in the name of the registry No. 2, 3, 5, 10, and 11 (for the real estate listed in paragraph (11), the registration of transfer of ownership was completed in the name of the defendant as of each real estate listed in the list No. 2, 3, 5, 10, and 11.

Plaintiff’s assertion

① At the time of the death of C, the Plaintiff, who was staying in a foreign country, believed the Defendant’s horse to be used to withdraw the money in the passbook C, and gave the Defendant a certificate of personal seal impression. The Defendant used the above certificate for the purpose of consultation on the division of inherited property regarding each real estate as stated in the Schedule 2, 3, 5, 10, and 11.

Since the defendant infringed the plaintiff's share of inheritance by acquiring ownership from D, the plaintiff is obligated to implement the procedure for transfer registration of ownership on the ground of inheritance recovery as to the share of 1/2 of the above real estate.

② Even if not, the Plaintiff has the right to claim the return of legal reserve of inheritance against the Defendant as a legitimate legal inheritor.

The amount of positive inherited property and the amount of donation are KRW 416,50,000 for the real estate price listed in the attached Table 1 list, and there is no amount of inheritance, the amount of inheritance, the amount of inheritance, and the amount of net inheritance. Therefore, the shortage in legal reserve of inheritance is KRW 104,125,00 ( KRW 416,50,000 x 1/4-0 - 0).

The defendant is obligated to pay KRW 104,125,00 to the plaintiff.

Defendant’s assertion: 204,813,177 won is limited to those confirmed by financial data, etc. among the property received from C, D, and Defendant.

On June 5, 2009, at the time of the agreement division, the plaintiff was in Korea and the above agreement was effective.

D Death.

arrow