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(영문) 춘천지방법원 2019.11.26 2019가단50973

소유권이전등기

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The Defendant completed the registration of ownership transfer on November 28, 1998 with respect to each of 3/5 shares of 139 square meters in Chuncheon-si, Chuncheon-si and 139 square meters in 2,354 square meters prior to D, respectively, on April 27, 199.

On October 5, 2016, the Defendant prepared a testamentary document stating that “The Defendant shall testamentary gift to the Defendant and B” (hereinafter referred to as “instant testamentary gift”) with the content that “The Defendant shall deliver one-half of each of the 139 square meters and one-half of the 139 square meters in Chuncheon-si E-si and the 2,354 square meters in size prior to D, and received certification from the same office by preparing the following written confirmation:

(hereinafter referred to as the “instant arrangement”). A Party C shall comply with the written confirmation

(e) 3/5 of the equity shares in the principal, Chuncheon City.

D. 3/5 of the shares of the principal in a testamentary gift to A and B, at his own will, have been drawn up in a testamentary document, with an indication of the margin on the loan of 0 million won over a long time.

3/5 of the shares of D principal should be divided into G, a co-owner, but the principal's intent is to regard the indication part of the copy of the cadastral map attached to the principal as his own share and testamentary gift of the other part.

At the time of their birth, the transfer of registration shall be made at their own request, and the other person promises not to sell it.

E Land and D was combined on August 21, 2018 and changed to D’s 2,493 square meters (hereinafter “instant land”).

[Reasons for Recognition] Unsatisfy, Gap evidence 2, Gap evidence 3-1, 2, Eul evidence 9, the purport of the whole pleadings

2. The plaintiffs asserted that the contract of this case is a gift agreement that the defendant agreed to donate the defendant's share to the plaintiffs among the land of this case, and thus, the defendant is obligated to implement the procedure for the registration of ownership transfer for each of 3/10 of the land of this case to the plaintiffs according to the agreement of this case.

As to this, the defendant has expressed his intention of donation.