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의정부지방법원 2016.06.23 2015가단122716

소유권이전등기

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The plaintiff's assertion

A. Between E on August 24, 2007, the Defendants concluded an agreement to donate one-half of the Defendants’ respective shares of the instant land to E, on the ground that the Defendants contributed to the inheritance shares of the instant land, which were owned by the deceased F (G’s father and the Defendants’ delegate) that is the inheritee, and that E contributed to the return of the inheritance shares of the instant land from the country that is the nominal owner.

B. The Plaintiff had a claim against E, but agreed between E and E to take over the claim for the registration of transfer of equity interest in lieu of the repayment of the above claim.

C. Therefore, according to the above agreement, the Defendants, the assignee of the instant land, are obligated to complete the registration of transfer of shares in respect of each one-half of the shares of the Defendants among the instant land.

2. Determination

A. We examine whether there exists an agreement to donate 1/2 of the Defendants’ shares in the instant land to E (hereinafter “instant agreement”).

B. As evidence consistent with the Plaintiff’s assertion, there are evidence of fact written by G (Evidence 2-1 of the Evidence A), sales contract (Evidence 2-2 of the Evidence A), G and the Defendants’ personal seal impression (Evidence 2-3-6 of the Evidence A), G’s statement of certification (Evidence 5 of the Evidence A), and witness E.

However, the testimony of the witness E is difficult to believe it as it is in light of the form of preparation, the relationship between G or E and the Defendants, and the following facts or circumstances, and the sales contract and the certificate of seal impression alone are insufficient to recognize it, and there is no other evidence to acknowledge it.

Rather, according to the statement No. 2-2 of the evidence No. 2-2 of the witness E’s testimony and the purport of the entire pleadings, the sales contract states that “I trade to E in lump sum in KRW 6/17, B6/17, C3/17, D1/17 of the above real estate inheritance shares in KRW 1/2 of the total amount of KRW 2,0000,000, the seal of G is affixed.”