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(영문) 제주지방법원 2018.12.05 2017나11667

소유권이전등기

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1. Of the judgment of the court of first instance, the ancillary claim against the defendant regarding the real estate stated in the separate sheet and the annexed list.

Reasons

1. Basic facts

A. On May 15, 2012, the Plaintiff and the Defendant are children between Nonparty D and the former husband of Nonparty D, who are the spouse whose marriage report was completed on May 15, 2012, and the co-defendant C of the first instance trial (hereinafter “C”) is the Plaintiff’s punishment.

B. The Plaintiff’s Nonparty L owned 9,899 square meters prior to the subdivision (hereinafter “the land before subdivision”). However, on November 12, 1997, the Plaintiff donated the land before subdivision to C, and later delivered the Plaintiff and Nonparty F, who was the Plaintiff’s birth, to the effect that the said land is divided into one-third of each of the said land.

C. C, the Plaintiff, and F entered into a gift agreement with the Plaintiff on the gift of each 3,299 square meters of the land before subdivision to the Plaintiff and the said F, depending on the purport of the referenced on August 7, 2012. Once the Plaintiff was transferred from C to F due to the circumstances of F at the time, the Plaintiff was transferred from C to F, and then the said shares were divided to F again.

(hereinafter “instant donation contract”). D.

C In order to implement the instant gift contract, on August 24, 2012, the Plaintiff divided the land before subdivision into KRW 3,301 square meters and the share of the Plaintiff and F in Jeju-si, which is equivalent to the share of C himself/herself, into KRW 6,598 square meters prior to M.

(E) On December 6, 2013, the area of 6,598 square meters prior to Jeju-si was subdivided into each of the instant land again on December 6, 2013; hereinafter the same refers to the respective land of this case without distinction before and after subdivision as of December 6, 2013.) Moreover, upon the Plaintiff’s request, C completed the registration of transfer of ownership of each of the instant land under the name of the Defendant as of August 27, 2012 by Jeju District Court No. 67485, Aug. 31, 2012, on the ground that each of the instant land was donated as of August 27, 2012.

E. Since then, the instant building was newly constructed on the ground of the real estate indicated in the separate sheet No. 2, which is part of each of the instant land, and the registration of ownership preservation was completed on February 23, 2015 in the name of the Defendant.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 10 (if there are additional numbers, including each number; hereinafter the same shall apply), witness C of the first instance trial, and witness C of D, the purport of the whole testimony and arguments.