(영문) 서울남부지방법원 2018.07.26 2016가단255785

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(영문) 서울남부지방법원 2018.07.26 2016가단255785

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. In fact, Defendant C is the spouse of E, Defendant D is the child of E, and F is the Plaintiffs and the mother of E.

E died on January 17, 2015, and F on June 3, 2016, respectively.

(hereinafter referred to as "F". Each of the real estate listed in the separate sheet (hereinafter collectively referred to as "each of the real estate in this case") was owned by the deceased. ① With respect to the real estate in this case 1 through 3, the transfer registration under the name of E was completed on September 30, 2005 due to the gift from September 27, 2005. After the death of E, the transfer registration was completed on March 1 and 2 of 2015 due to the inheritance under the agreement made on January 17, 2015, each of the real estate in this case was completed on March 1, 2015; ② the transfer registration was completed on the ownership registration under the name of Defendant C with respect to the real estate in this case 3 real estate in this case; ② the transfer registration was completed on September 29, 205 on the ownership registration under the name of Defendant C on September 27, 2005; and the ownership registration was completed on September 3, 2005.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3 and 5 (each number is included; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiffs' assertion 8 real estate is, like the remaining real estate, donated by the deceased to the defendant C. Therefore, the deceased, E, and the defendant C, who are the party to the donation contract, are well aware that each of the real estate of this case, which is the only property of the deceased, would be damaged to the plaintiffs who are the inheritor. Thus, the defendants, as the inheritor of the donee and donee, are obligated to perform the procedure for registration of transfer of ownership for one-six shares (each inheritance share 1/3 x 1/2) of each of the real estate of this case,

B. The Defendants’.

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