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(영문) 제주지방법원 2020.10.19 2018가단9066 (1)

소유권이전등기

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1. The Defendants, the Defendant (Appointeds) and the designated parties are attached Form 2.

Reasons

Basic Facts

Before the partition, the land of Jeju-si was divided into the land on which the ownership transfer registration was completed in the name of C, and each land listed in the separate sheet No. 1 (hereinafter “each land of this case”) on December 8, 2008.

D The D died on January 18, 1972, and his property was succeeded to, or succeeded to, E, F, Plaintiff, G, H, or I, or his heir.

The final heir and his/her shares of inheritance shall be as shown in the attached Table 2.

[Based on recognition, Gap evidence Nos. 1 and 2 (including paper numbers; hereinafter the same shall apply) and the purport of the whole argument as to the plaintiff's grounds for the plaintiff's claim, D, the registered titleholder of each of the lands of this case, requested the plaintiff to manage the tomb of Yong-Nam, who was already deceased, around October 7, 1971, donated each of the lands of this case to the plaintiff.

Therefore, the Defendants, the final heir of D, the Defendant (Appointed Party) and the designated parties are obligated to implement the registration procedure for transfer of ownership on each of the instant land by reason of the said gift to the Plaintiff.

Judgment

According to the reasoning of the judgment by deeming that the remaining Defendants except the Defendant (Appointed Party) and the designated parties have made a motion to make a confession (Article 208(3)2 of the Civil Procedure Act) (Article 208(3) of the Civil Procedure Act) and the Plaintiff’s claim as to the cause of the claim against the Defendant (Appointed Party) and the designated parties, D is recognized as having donated the Plaintiff the land of KRW 872 prior to C in October 7, 1971 at the time of the split-off to the Plaintiff.

Therefore, barring any special circumstance, the Defendant (Appointed Party) and the designated parties (hereinafter “Defendant”) are liable to the Plaintiff to implement the registration procedure for transfer of ownership based on the above donation with respect to each of their respective shares of inheritance on each of the instant land.

As to the assertion of the Defendant (Appointed Party), first, the Defendant (Appointed Party) written gift No. 3, which is the direct evidence of the recognition of the above donation.