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(영문) 울산지방법원 2020.12.18 2019가단123501

소유권이전등기

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The plaintiff's lawsuit against the defendant B shall be dismissed.

The plaintiff's claim against the defendant C is dismissed.

The costs of lawsuit.

Reasons

1. Facts of recognition;

A. The Plaintiff is the leakage of Defendant B, and the father and father of the Plaintiff and Defendant B are E (Death around September 29, 1975) and the F (Death around August 12, 1968), and the Defendant C is the birth of E.

B. The registration of ownership transfer has been completed on October 9, 1941 with respect to the area of 289 square meters in Ulsan-gu, Ulsan-gu (hereinafter “the instant land”). On April 19, 1968, Defendant C had completed the registration of ownership transfer on April 17, 1968, and thereafter, the registration of ownership transfer was completed on August 22, 1997 by the Ulsan District Court No. 51086 on August 22, 1997 (hereinafter “the instant registration of ownership transfer”). < Amended by Act No. 51086, Aug. 21, 1997>

C. On the ground of the instant land, the sapap sap sap sap sap sap sap sap sap sap sap sap sap sap sap sap sap sap sap sap sap 6 square meters on October 9, 1941. The ownership transfer registration is completed in the F, and the said building is resided in H (the births of the Plaintiff and Defendant B) whose mother is the Plaintiff and Defendant B’s mother.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. The plaintiff's assertion and its determination

A. The gist of the Plaintiff’s assertion was that the deceased would transfer the instant land to the deceased E, but on April 19, 1968, the deceased C completed the registration of ownership transfer to the defendant C on convenience, and thereafter, on August 21, 1997, the deceased E, the heir of the deceased E, and the Plaintiff, Defendant B, etc. were to implement the registration procedure of ownership transfer based on donation.

However, at the time, the Plaintiff et al., the heir of the deceased E, donated each inheritance share of the above land to Defendant B under the condition that Defendant B et al. gather and support the G, which is her mother, and live in the building on the ground of this case. Accordingly, the transfer registration of this case was completed in Defendant B’s sole name with respect to the above land.

Nevertheless, Defendant B is entirely liable for such terms and conditions of donation.