beta
(영문) 대구지방법원의성지원 2015.07.22 2014가단2930

소유권이전등기절차이행

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 19, 2013, the deceased C donated each of the instant real estate to the Defendant, and completed the registration of ownership transfer based on donation under the Daegu District Court Branch Decision 16567, Nov. 21, 2013, received on November 21, 2013.

B. The net C died on August 2, 2014. At the time of death, there was the Plaintiff, D, and son, who is his father, and his wife, and positive property was the F apartment located on the land outside Seocho-gu Seoul, Seocho-gu, Seoul, and 1202 (hereinafter “the apartment of this case”). The F apartment 6, 1202, located on the land outside Seocho-gu, Seoul, and the net property was the obligation to lend KRW 100,00,000 to the South Seoul Agricultural Cooperative of the deceased C.

C. On September 24, 2014, the Plaintiff, the Defendant, and D sold the instant apartment to KRW 1,300,000,000, and paid KRW 100,000,000, which are inherited debts, from the sales price received, and divided the remainder of KRW 1,200,000 into KRW 40,000, which is 1/300,000.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 4 (including each number), Gap's evidence 5, Eul's evidence 1 through 4, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the Defendant received each of the instant real estate from the deceased C, and the Defendant is obligated to implement the registration procedure for transfer of ownership on the ground of the Plaintiff’s return of legal reserve of inheritance with respect to the portion of 1/6 of the instant real estate donated to the Plaintiff.

B. Determination 1) The value at the time of inheritance as of the date of donation (the value at the time of inheritance as of November 23, 2013, 2011, 84, 954, 9583, 19, 69, 75, 176, 62, 145, 943, 176, 843, 2010, 809, 809, 199, 199, 199, 199, 199, 199, 200, 200, 200, 200, 2000, 200,000,000,000,0000,000,0000,0000,0000,0000,000,0000,000,000,000)