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(영문) 울산지방법원 2020.10.16 2019가단119151
소유권이전등기절차이행청구의 소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff (1979) is a child between D (1950) and E, and the defendant (1967) is a person who completed the marriage report with D on April 18, 1991.

B. On June 23, 2006, the Defendant completed the registration of ownership transfer on the ground of sale on May 25, 2006 with respect to one-third of the share of 423 square meters in Ulsan-gu, Ulsan-gu (hereinafter “instant real estate share”) and owns the said real estate share.

C. The Plaintiff remitted each of the Defendant’s financial accounts, KRW 20 million on May 4, 201, and KRW 5 million on May 6, 2011.

D has received treatment, such as a melting surgery around February 26, 2004, a kidne surgery around October 24, 2007, and a kidne surgery around May 25, 2009, and continued hospitalization and discharge from around April 2014 to around 2017.

D Since July 2014, the Defendant was not able to return home continuously after her withdrawal, she filed a divorce lawsuit against the Defendant on July 24, 2017, but the said lawsuit was terminated on December 8, 2017.

E. D’s heir had F, G, Plaintiff, and the Defendant’s children, who are children between the Defendant, D, and E, H, and I. Around September 28, 2018, the said heir entered into an inheritance division agreement with the Plaintiff and the Defendant to inherit the real estate owned by D, 1/2 of their respective shares, and completed inheritance registration accordingly.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6, Eul evidence Nos. 1, 2 and 5, the purport of the whole pleadings

2. The allegations by the parties and the determination thereof

A. On May 4, 2011, the Plaintiff asserted that, as the Plaintiff purchased the instant real estate shares from the Defendant on May 4, 201 and transferred the purchase price of KRW 25 million to the Defendant, the Defendant is obligated to implement the registration procedure for transfer of ownership based on the sale contract on May 4, 201, with respect to the said real estate shares.

In this regard, the Defendant received money from the Plaintiff only as the hospital expenses and living expenses of the Plaintiff.

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