소유권이전등기 등
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning for this part of this Court’s explanation is the same as that of Paragraph 1 of Article 420 of the Civil Procedure Act, and this part of this Court’s reasoning is cited by the main text of Article 420 of the Civil Procedure
2. Determination as to Plaintiff A’s claim
A. Plaintiff A’s assertion 1) that the deceased donated the instant land to Plaintiff A on July 8, 2008, and the deceased was obligated to transfer the ownership of the instant land to the Plaintiff. ① As a comprehensive donee, the Defendant succeeded to the deceased’s obligation to transfer the ownership of the instant land, or ② even if the Defendant is a specific donee of the instant land, the declaration of intent to testamentary gift against the Defendant is null and void. As such, the Defendant is liable to transfer the ownership of the instant land to Plaintiff A, and ② the Defendant is liable to transfer the ownership of the instant land to the Plaintiff pursuant to Article 1085 of the Civil Act, since there is a burden on the Plaintiff to transfer the ownership of the instant land, and ② the Defendant has the obligation to transfer the ownership of the instant land to the Plaintiff pursuant to Article 1085 of the Civil Act. However, since the instant land was expropriated in the Housing Redevelopment Project and the Defendant’s obligation to transfer the ownership of the instant land was impossible, the Defendant is obligated to pay the Plaintiff’s expropriation compensation 202,689,960 won and delay damages.
Even though the defendant knew that the land of this case was donated to the plaintiff A, it infringed the plaintiff A's right to claim the transfer registration of ownership after receiving a legacy from the deceased, and thus, the defendant is obligated to pay the plaintiff A losses equivalent to the value of the land of this case and damages for delay.
B. Determination 1 of the Plaintiff A’s claim and claim for damages are based on the premise that the Deceased donated the instant land to the Plaintiff.