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(영문) 수원지방법원 여주지원 2018.12.18 2018가단55222

소유권이전등기

Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Facts of recognition

On July 200, the Plaintiff came to know of the net F (hereinafter “the deceased”) with the introduction of Nr. E located in Gyeonggi-gun, and resided in the deceased’s house from August 2000.

The Deceased was the owner of the land listed in the attached Table 1 List (hereinafter referred to as “instant land”).

The Deceased died around May 2017.

The Defendants were the inheritors of the Deceased, and succeeded to the instant land from the Deceased.

(Reasons for recognition) Facts without dispute, entry of Gap evidence 1, purport of whole pleadings.

Plaintiff’s assertion

On April 26, 2002, the primary claimant: (a) sought E on April 26, 2002, and upon the death of the deceased, prepared a gift contract under which the Defendants donated the instant land owned by the deceased to the Plaintiff (hereinafter “instant contract”).

Therefore, the Defendants should transfer ownership of the instant land to the Plaintiff.

As the conjunctive Plaintiff supported the Deceased from August 200 to May 2017, 2017, the Defendants should pay KRW 35,000,000 to the Plaintiff.

Judgment

Even if the Defendant acknowledges all the Plaintiff’s assertion that the contract of this case was prepared by the Deceased with respect to the primary claim, “the Defendant donated the land of this case to the Plaintiff,” it is apparent that the Defendants, who did not participate in the preparation of the contract, did not bear an obligation under the contract, and thus, the Plaintiff’s primary claim cannot be accepted in itself.

Even if the Plaintiff’s assertion was made with the content that “the deceased bequeathed the instant land to the Plaintiff through the preparation of the instant contract,” there is no evidence to confirm the fulfillment of the validity requirement as a will by a self-certificate as stipulated in Article 1066 of the Civil Act. Therefore, the Plaintiff’s assertion cannot be accepted.

Therefore, we cannot accept the plaintiff's primary claim.

A de facto marital relationship with respect to a preliminary claim.

참조조문