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(영문) 전주지방법원 2020.02.06 2019나3090

소유권이전등기

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The deceased D (hereinafter “the deceased”) completed the registration of ownership transfer on April 13, 1992 each of the instant real estate.

D) On July 2, 2015, F was unable to repay 40 million won to his husband E in the year 1992 to F, thereby allowing D to inherit 4850 square meters in return for the failure of F to repay 40 million won to his husband E, thereby succeeding to A after the fact. < Amended by Presidential Decree No. 26879, Jul. 2, 2015>

B. The Plaintiff prepared the entire written statement (hereinafter “instant written agreement”) under the name of the Deceased, and the stamp image of the Deceased is affixed to the name next to the name of the Deceased at the end of the foregoing written agreement.

C. The Plaintiff and the Deceased were born between the former and the latter (Death on February 18, 2017).

The Deceased died on September 17, 2017 while living in prison and died on the part of his/her heir. The Deceased’s property heir: ① Defendant B (i.e., the deceased’s husband), who is the husband of the net F, born between the Deceased and the deceased, and ② Defendant C (the deceased’s grandchild) who was born between the deceased and the Defendant B.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including branch numbers if there are additional numbers; hereinafter the same shall apply), fact-finding and reply to the first chapter of the court in the first instance, the purport of the whole pleadings as a whole.

2. The parties' assertion and judgment

A. Although the purport of the Plaintiff’s assertion is stated in the instant agreement as “Succession”, it is erroneous that the meaning of the legal terms was not accurately known, and the said “Succession” refers to “donation upon death.”

The Plaintiff entered into a private donation contract on July 2, 2015 with respect to each of the instant real estate from the Deceased. As such, the Defendants, the deceased’s heir, are obligated to implement the registration procedure for ownership transfer based on private donation under the instant agreement with respect to the said real estate.

B. The gist of the Defendant’s assertion is merely that the Plaintiff unilaterally prepared the instant agreement, and the deceased’s seal impression under the above agreement also appears to be the deceased’s name.