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1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.
2. The plaintiff's remaining claims are dismissed.
3...
Reasons
1. Facts of recognition;
A. On February 24, 1981, the deceased C (hereinafter “the deceased”) completed the registration of ownership transfer for each real estate listed in the separate sheet in its name (hereinafter “each real estate of this case”) on February 23, 1981. On April 18, 2002, the defendant completed the procedures for the registration of ownership transfer for each real estate of this case on April 17, 2002 as gift on April 18, 2002. The deceased completed the registration of ownership transfer for 7/10 of the above real estate on December 30, 207 on donation on November 30, 2007.
B. After February 28, 2012, the Plaintiff completed the provisional disposition registration of the Daegu District Court (2012Kadan1232) on February 29, 2012, on the ground that the right to claim the registration of ownership transfer based on the payment agreement is the right to be preserved, with respect to the shares of the deceased (7/10) on February 29, 2012.
C. The Plaintiff filed a lawsuit against the Deceased on May 19, 201, stating that “Unless the Deceased did not repay KRW 56,00,000 to the Plaintiff by May 31, 201, the Plaintiff agreed to transfer ownership of KRW 7/10 out of each real estate listed in the separate sheet to the Plaintiff,” and the Daegu District Court rendered a lawsuit claiming ownership transfer registration of KRW 7/10 out of each of the instant real estate (hereinafter “pre-appeal”) with the Daegu District Court Decision 2014Ga12277, on June 3, 2016, the Deceased died on June 3, 2016, and the remaining inheritors except the Plaintiff (1/5 of inheritance shares), and the decision was made on June 2, 2017, in lieu of the Plaintiff’s share transfer registration, the Defendant received a final and conclusive decision on KRW 40,000, F00, F00, and each of the instant real estate shares to the Plaintiff.”
At present, among each real estate of this case, the plaintiff is a 7/10 share, and the defendant has completed the registration of ownership transfer concerning 3/10 share, respectively, and the defendant is a party of this case.