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(영문) 대구지방법원상주지원 2015.11.25 2015가단8505
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The relationship 1) The network E died on June 7, 2009. 2) The deceased’s children of the network E are the network F, G, Plaintiff A, H, H, I, K, K, L, and M in the order of birth.

3) The Defendants are South Korea (B) and South Korea (C) of the networkF, the south of the above network E (the death of April 13, 2014). B. The Defendants’ ownership transfer registration for the instant real estate was completed on January 25, 1980 with respect to the instant real estate on the ground of sale on October 5, 1970.

2) On December 1, 1994, Nonparty N completed the registration of ownership transfer for the portion of 1,653/48,793 out of the instant real estate on the grounds of sale and purchase on November 23, 1994. 3) and on October 7, 2014, Nonparty N completed the registration of ownership transfer for the portion of 23,570/48,793 out of the remainder of the shares, respectively, on April 13, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. The fact that the gift contract on the instant real estate was concluded on September 15, 2009 between the Plaintiff and F to determine the cause of the claim seems to have no dispute between the parties.

Therefore, barring special circumstances, the Defendants, who were succeeded to the instant real estate through an agreement division, as F’s inheritors, are obligated to implement the registration procedure for transfer of ownership under the said gift agreement with the Plaintiff regarding each inherited share.

B. The Defendants asserted as to the Defendants’ assertion 1) The summary of the claim asserts that the gift agreement on the instant real estate between F and the Plaintiff is not a written gift, and that the donor shall exercise the right of rescission under Article 55 of the Civil Act, which provides that “if the intent of donation is not expressed in writing, each party may rescind it.” 2) The gift agreement between F and the Plaintiff is a donor in a written form.

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