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(영문) 서울북부지방법원 2019.06.14 2018가단16789

소유권이전등기

Text

1. The Defendant’s gift on March 18, 201 is limited to each real estate indicated in the separate sheet to the Plaintiff.

Reasons

1. The following facts of recognition shall be acknowledged, either in dispute between the parties or in combination with the purpose of the entire pleadings, as a whole, in each entry in Gap evidence of Nos. 1 to 3 (including evidence with a serial number):

A. On April 6, 2004, the deceased, the father of the plaintiff and the defendant, completed the registration of ownership transfer on the ground of donation on April 3, 2004 with respect to each of the real estate stated in the orders (hereinafter “instant real estate”).

B. C died on March 3, 2016, and on March 18, 2016, the original and the Defendant completed the registration of ownership transfer for each portion of D land and its ground buildings (hereinafter “D real estate”) owned by the inherited property on March 18, 2016, based on an inherited property division agreement.

C. Meanwhile, on March 18, 2016, the Defendant agreed to transfer 1/2 shares of the instant real estate to the Plaintiff free of charge (hereinafter “instant gift agreement”).

2. The assertion and judgment

A. According to the above facts, the defendant is obligated to implement the registration procedure for transfer of ownership with respect to shares of 1/2 of the real estate of this case to the plaintiff, except in extenuating circumstances.

B. As to this, the Defendant, who is the mother of the Plaintiff and the Defendant, divorced with C in the status of three children, and the Defendant, upon the death of C, would be at issue of the division of inherited property with respect to D real estate, inherited property upon the consent of E, and upon the consent of E, entered into a written agreement on division of inherited property with respect to the mother, Emado, the mother, died on March 14, 2016. The Plaintiff, taking advantage of the Defendant’s urgent circumstances, would inevitably not cooperate with the preparation of a written agreement on division of inherited property with respect to D real estate and the registration of inheritance, by failing to transfer the shares of 1/2 of the instant real estate. This is the Defendant’s pathy and pathy.