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(영문) 대구지방법원김천지원 2014.10.01 2013가단13081
소유권이전등기
Text

1. Defendant E is the Plaintiff:

A. As to the 39/1,035 shares of the real estate listed in the separate sheet No. 1 list, January 2, 2013.

Reasons

1. Basic facts

A. The Plaintiff, on January 2, 2013, succeeded to the deceased’s property on behalf of Nonparty C, D, E, F, and G, the deceased’s wife, Defendant C, E, E, F, and G, the deceased’s children, Defendant H, and I’s children, and Nonparty H and I, the deceased’s father, were deceased first of all over the deceased.

As a grandchild of the deceased, the deceased jointly succeeded to the property of the deceased according to the corresponding inheritance share ratio listed in the [Attachment 2] list (hereinafter “instant inheritance share”).

B. The real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) is the property owned by the deceased.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 10 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the claim on the instant real property

A. The Plaintiff’s assertion made a private donation agreement with respect to the instant real estate on the spot where both the Plaintiff and the Defendants were born, stating that “100 square meters (330 square meters after the deceased’s post) and 60 square meters (198 square meters), Defendant G, C, and D each 50 square meters (165 square meters) are divided into 165 square meters, respectively, on the part of the deceased,” and the Defendants are obligated to implement each registration procedure for ownership transfer on the instant real estate in accordance with the inheritance share ratio.

B. Defendant E does not dispute the Plaintiff’s above assertion. Defendant E is obligated to implement the procedure for ownership transfer registration on January 2, 2013 with respect to the portion of 39/1,035 out of the instant real estate on the ground of private donation.

C. As to whether the agreement on private donation was concluded between the deceased and the plaintiff as alleged by the plaintiff between the defendant B, C, D, F, G, H, and I, it is not sufficient to recognize this only by the descriptions of evidence Nos. 12, 13, and 17, and there is no other evidence to acknowledge this otherwise, and rather there was death.

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