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(영문) 서울고등법원 2017.06.07 2016나2077972

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part concerning real estate stated in attached Table 1(1) shall be revoked, and the revoked part shall be revoked.

Reasons

1. Basic facts

A. Relevant Plaintiffs and K are children of the deceased J (hereinafter “the deceased”), and the Defendant is the son and the son of J and K.

B. On February 25, 2010, the real estate indicated in Paragraph 1 of [Attachment 1], owned by the Deceased, as the Defendant of the real estate owned by the Deceased (hereinafter “instant real estate”).

On February 24, 2010, the registration of transfer of ownership in the name of the defendant was completed on the grounds of sale and purchase (as to the portion of 1/2 shares, the registration of transfer of ownership was completed in the name of L.

(2) On March 27, 2013, the registration of transfer of ownership in the name of the Defendant was completed on March 25, 2013 with respect to each real estate listed in [Attachment 1 List 1 List 2 (hereinafter “instant real estate”) owned by the Deceased.

3) On May 7, 2013, real estate listed in Attachment 1 List 3 (hereinafter “third real estate of this case”) owned by the Deceased.

On January 24, 2014, the registration of transfer of ownership in the name of the defendant was completed on April 30, 2013. (4) On January 24, 2014, the registration of transfer of ownership in the name of the defendant on the ground of donation was completed on January 15, 2014 with respect to the real estate listed in paragraph (4) of the attached Table 1, which was owned by the deceased (hereinafter “instant 4 real estate”).

5) On July 31, 2014, the real estate listed in [Attachment 1 List No. 5 (hereinafter “instant real estate”) owned by the Deceased, which was jointly referred to as “each of the instant real estate” and “each of the instant real estate” refers to the real estate Nos. 1 through 5.

As to July 30, 2014, the registration of transfer of ownership in the name of the Defendant was completed on the ground of donation. C. The Deceased’s death died in the M&D Hospital around August 15, 2014, at around 05:25:25, on August 15, 2014. [Grounds for Recognition] without dispute, A’s evidence Nos. 1 and 7 (including documentary evidence with a serial number; hereinafter the same shall apply).

Each entry in the court of first instance, the fact-finding results on M&D hospitals of the court of first instance, and the purport of the whole pleadings.

2. The plaintiffs' assertion K and the defendant use the deceased's work ability.