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(영문) 대구지방법원서부지원 2014.11.18 2014가단20107

소유권이전등기

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1. The Defendant’s gift was based on September 19, 2013 with respect to each real estate listed in the separate sheet to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant are the children of deceased C (Death on December 27, 2004, hereinafter “the deceased”) who were punished by death.

B. Each real estate listed in the separate sheet (hereinafter “instant real estate”) was owned by the Deceased, and on November 11, 2002, the title of ownership was transferred to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, and 6 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion purchased the instant real estate for the purpose of appropriating the expenses incurred in gathering the deceased’s death, and the Defendant transferred its ownership to the Defendant around October 2002, stating that the Defendant will leave the deceased’s death in the future.

However, in 2013, the defendant did not make a proposal to the plaintiff any longer in the 2013 memorials, and decided that he would bring about to the plaintiff in South Korea, and that he would transfer the ownership of the real estate of this case to the plaintiff.

Therefore, the Defendant is obligated to transfer the ownership of the instant real estate to the Plaintiff in accordance with the donation agreement.

B. The defendant's assertion that the defendant purchased KRW 10 million from the deceased around October 2002, and thus cannot respond to the plaintiff's claim.

(Other arguments relating to the above donation agreement have not been made). 3. The following circumstances, which are acknowledged prior to the determination of the evidence, Gap evidence Nos. 4, 7, and 10, and the overall purport of the pleadings as a whole by witness D's testimony, i.e., the deceased purchased the real estate of this case and neighboring E, F, G, and H land in the name of the deceased, and the remaining land were divided into the deceased's name, including the completion of the registration of ownership transfer under the name of the deceased's wife's wife's wife's wife's wife's wife's wife's wife's wife's wife's wife's wife's husband's wife's husband's wife's wife's wife's husband's wife's wife's husband's wife's wife's husband's wife's husband's wife's wife's husband's wife's wife's wife's husband's wife's wife