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(영문) 대전지방법원서산지원 2017.12.13 2016가단54720
소유권이전등기
Text

1. As to the portion of 3/17 shares to Plaintiff A among each real estate listed in the separate sheet, the Defendant respectively to Plaintiff B, C, D, E, and F.

Reasons

1. Basic facts

A. On May 11, 1983, H, which completed the registration of ownership transfer on each real estate listed in the separate sheet (hereinafter “each of the instant real estate”), donated each of the instant real estate to the Defendant (hereinafter “instant gift”) on February 3, 1997, and completed the registration of ownership transfer on February 6, 1997 with respect to each of the instant real estate.

B. H died on February 18, 2013, and his wife A (the inheritance shares of 3/17), Plaintiff B, C, D, E, F and Defendant, and I (the inheritance shares of 2/17) inherited property.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2, 3, and 5 (including virtual number), the purport of the whole pleadings

2. The allegations and judgment of the parties

A. The Plaintiffs filed a claim for ownership transfer registration on the ground of the cancellation of onerous donation that the Defendant paid the deceased H and the Plaintiff one million won for each month’s living expenses, etc., and received each of the instant real estate. As the Defendant did not perform his/her duty to pay, the Defendant asserts that the Defendant is liable to implement the ownership transfer registration procedure according to the Plaintiffs’ inheritance shares among the instant real estate.

The statement of evidence No. 4 alone is insufficient to recognize that the gift of this case is a onerous donation, and there is no other evidence to acknowledge it. Thus, the plaintiffs' above assertion cannot be accepted without further need to examine other points.

B. In full view of the purport of the entire argument in the statement of No. 1 of the claim for ownership transfer registration based on the cancellation of agreement, the defendant prepared a letter of intent to return the real estate of this case and J J J J 175 square meters to H around January 18, 2005. According to the above facts of recognition, the gift of this case was rescinded by the defendant on January 18, 2005, with his intention to return each of the real estate of this case.

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