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(영문) 대구지방법원 2015.02.05 2014나8729

소유권이전등기

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. D (Death on November 12, 1996) as the husband of the plaintiff and the defendant are children of the deceased C between South and North Korea.

B. The instant land was owned solely by J. On December 1987, K and the Plaintiff purchased 61.16 shares of 5,256 of each of the instant land (hereinafter “instant share”). On December 12, 1987, the Plaintiff trusted the instant share to the network D, and the Plaintiff registered the ownership transfer under the name of the network D with respect to the instant share on December 12, 1987, and thereafter, on August 20, 198, the deceased completed the registration of the establishment of a mortgage with respect to the instant share in the name of G, the husband of the Plaintiff, the maximum debt amount of which is KRW 7 million.

C. On April 11, 2006, after the death of the deceased D, the Defendant completed the registration of ownership transfer based on the agreement division of inherited property with respect to the instant shares.

On February 24, 2011, the Defendant I prepared a gift agreement under the name of the Defendant that “the Defendant confirmed that the instant shares were owned by the Plaintiff and donated it to the Plaintiff” (hereinafter “instant gift agreement”) and delivered to the Plaintiff on February 24, 201.

[Ground of recognition] The facts without dispute, Gap evidence No. 1, Gap evidence No. 2 (the defendant of this case asserts that the gift contract of this case is not prepared by I but forged by the plaintiff's side, but according to N's testimony by N's witness of the court of first instance, I can find the fact that the above claim is prepared at the above certified judicial scrivener's office. Thus, the above assertion is not accepted), Gap evidence No. 5, 6, 7, Gap evidence No. 8-1, Gap evidence No. 9 (including a branch number if not stated; hereinafter the same shall apply), the whole purport of the arguments, and the whole purport of the arguments.

2. The parties' assertion

A. Since the Plaintiff’s assertion I prepared the instant donation contract with the authority delegated by the Defendant to donate the instant land to the Plaintiff, the Defendant made the donation contract with respect to the instant share to the Plaintiff on February 24, 2011.