손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On June 5, 2000, the Defendant completed the registration of ownership transfer in the name of the Defendant on the ground of donation on June 3, 2000 with respect to the real estate listed in the attached list in the deceased C’s name (hereinafter collectively referred to as “instant real estate”).
B. The Deceased died on April 2, 2006, and the Plaintiff, the Defendant, D, E, and F are the offspring of the Deceased.
C. On March 19, 2014, the Defendant completed the registration of ownership transfer with respect to the shares of 37818/54347 out of the real estate listed in the attached Table No. 1 in the attached Table No. 37818/5437, on February 11, 2014. On the same day, the Defendant completed the registration of ownership transfer on March 18, 2014 with respect to shares of 16529/54347 out of the said real estate on behalf of P.M.
[Reasons for Recognition] Unsatisfy, entry of Gap 2's evidence (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination as to the cause of action
A. The gist of the Plaintiff’s assertion and the Plaintiff and the Defendant transferred the ownership of the instant real estate under the Defendant’s sole name, and the Defendant, while making use of and benefit from the entire instant real estate, made a three-party agreement by transferring the Plaintiff’s 1/2 share of the instant real estate at an appropriate time to the Plaintiff
In addition, the Deceased and the Defendant concluded a contract for the third party to move the real estate of this case to the Plaintiff at the Plaintiff’s request after the Plaintiff married. Even if the above contract is not acknowledged, the Defendant agreed to transfer the real estate of this case to the Plaintiff, and as long as the Defendant had promised each time to observe the contract, it constitutes a violation of the principle of trust and good faith and the principle of notions, or an abuse of rights.
Therefore, the Plaintiff is obligated to transfer the 1/2 share of the instant real estate to the Defendant, and the Plaintiff attached thereto.