beta
(영문) 부산지방법원 2015.11.24 2013가단76983

소유권이전등기

Text

1. The Defendant’s KRW 11,558,580 for the Plaintiff and its related KRW 5% per annum from November 5, 2015 to November 24, 2015.

Reasons

1. Basic facts

A. C (D students, hereinafter “the deceased”) was treated with brain cancer, etc. in the Evalescent and died on July 5, 2013.

B. The deceased’s children were the Plaintiff and F. Among them, F died on April 29, 2008, and on the death of April 29, 2008, G, the Defendant, and H inherited the deceased on behalf of the deceased.

(Share of inheritance: Plaintiff 7/14, Defendant 2/14, G 3/14, H 2/14). C.

On June 4, 2013, the Defendant completed the registration of transfer of ownership on the grounds of donation from the Deceased (hereinafter “instant donation”) on May 31, 2013.

H On June 4, 2013, the registration of ownership transfer is completed on May 31, 2013 with respect to the real estate listed in attached Table 1 List.

E. At the time of the deceased’s death, the deceased owned the real estate listed in the Appendix No. 4.

F. On July 5, 2013 regarding each real estate listed in the separate sheet and the market price as at the closing date of the instant pleadings are the same. The real estate listed in the separate sheet No. 1 is KRW 17,000,000 for real estate listed in the separate sheet No. 2, KRW 60,000 for real estate listed in the separate sheet No. 2, KRW 8,017,350 for real estate listed in the separate sheet No. 3, and KRW 21,274,40 for real estate listed in the separate sheet No. 4.

G. G spent KRW 12,449,00 as funeral expenses of the Deceased.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 6 (including branch numbers for those with a satisfy number), the purport of the whole pleadings

2. Judgment as to the main claim

A. At the time of the death, the Plaintiff’s assertion was suffering from the age of 79 years, such as dysia, brain resistant sysia, and other primary brain sysia, hysia, light brain sysia, and low cerebral cerebral tysia, etc., and the meaning of the legal act at the time of the instant donation was difficult to understand normally.

G, the defendant's mother, using these conditions of the deceased, is about each real estate listed in the attached Forms 2 and 3 without any legal cause.