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(영문) 부산지방법원 2015.11.24 2013가단67262

소유권이전등기

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1. The Defendant’s KRW 22,010,026 as well as the Plaintiff’s KRW 5% per annum from July 22, 2015 to November 24, 2015.

Reasons

1. Facts of recognition;

A. C (Dvers; hereinafter “the deceased”) died on July 5, 2013 after being treated with brain cancer, etc. at a hospital.

B. The deceased’s children were the Plaintiff and F. Among them, F died on April 29, 2008, and the G, the Defendant, the spouse of F, and H, inherited the deceased on behalf of the deceased.

(Share of inheritance: Plaintiff 7/14, Defendant 2/14, G 3/14, H 2/14). C.

The Defendant completed the registration of ownership transfer on June 4, 2013 due to the donation from the Deceased on May 31, 2013 (hereinafter “instant donation”).

H On June 4, 2013, the registration of ownership transfer is completed on May 31, 2013 with respect to each real estate listed in the list Nos. 2 and 3 attached hereto on June 4, 2013.

E. At the time of the deceased’s death, the deceased owned the real estate listed in the Appendix No. 4.

F. On July 5, 2013 regarding each real estate listed in the separate sheet and the market price at the time of the conclusion of the instant pleadings are identical. The real estate listed in the separate sheet No. 1 is KRW 17,000,000 for real estate listed in the separate sheet No. 2, KRW 60,000 for real estate listed in the separate sheet No. 2, KRW 8,017,350 for real estate listed in the separate sheet No. 3, and KRW 21,274,40 for real estate listed in the separate sheet No. 4

(g) G spent 12,449,00 won as funeral expenses of the deceased.

(c) there is no dispute. [Grounds for recognition] The fact that there is no dispute, described in Gap evidence 1, 2, 3, 6, and 7 (including branch numbers), the appraiser I's appraisal result, the purport of the whole pleadings.

2. Judgment as to the main claim

A. At the time of the death, the Plaintiff’s assertion was suffering from the age of 79 years, such as dysia, brain resistant sysia, and other primary brain sysia, hysia, light brain sysia, and low cerebral cerebral tysia, etc., and the meaning of the legal act at the time of the instant donation was difficult to understand normally.

G, the defendant's mother, takes advantage of this state of the deceased, without any legal cause.