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(영문) 부산지방법원 2020.11.10 2019가단341092
소유권이전등기
Text

1. The Defendant shall enter into an agreement on the transfer of the real estate indicated in “the indication of the real estate” attached to the Plaintiff on May 13, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant are those born between the deceased C (Death on March 11, 201) and the deceased D (Death on September 10, 2001). The said deceased’s children are E, F, and G in addition to the Plaintiff and the Defendant.

B. Five children, including the Plaintiff and the Defendant, jointly inherited 4,793 square meters out of H field 7,769 square meters (hereinafter “instant inherited property”) of Gangseo-gu, Busan, which is the deceased C as of March 11, 2019, and the inheritance shares are 1/5 each.

C. G was donated a lot of property (2976 square meters, among H7,769 square meters in Busan-gu, Busan-gu, I land and 743 square meters and above-ground buildings) before the birth of the network C. The Defendant also succeeded to a house (1/2 and above-ground buildings in Busan-gu, Busan-gu) under the name of the network D at the time when the network D, the mother, was the mother, and was donated a house (1/2 and above-ground buildings) under the name of the network C when the network C is alive.

However, the Plaintiff was unable to receive inheritance or donation at all when her mother died, or her father C is alive.

Therefore, the plaintiff asked the defendant to yield the defendant's share of inheritance among the defendant's inherited property of this case.

On May 13, 2019, the Defendant promised to transfer to the Plaintiff the real estate indicated in the “Real Estate Indication”, which is the Defendant’s shares in the inheritance (hereinafter “instant real estate”) among the instant inherited property, to the Plaintiff on May 13, 2019. On August 6, 2019, the Defendant notarized the Plaintiff by means of a certificate (hereinafter “certificate of this case”) that the Plaintiff would perform the instant promise in the law firm M.

[Ground of recognition] Uncontentious facts, entry of Gap evidence 1 to Gap evidence 6, purport of whole pleadings

2. According to the above facts of recognition, the Defendant is obligated to implement the registration procedure for transfer of ownership on the instant real estate by reason of the transfer agreement dated May 13, 2019.

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