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(영문) 부산지방법원 2015.07.16 2014나14105
소유권이전등기 등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The following facts are found either in dispute between the parties or in accordance with Gap evidence Nos. 1, 2, and 3-1 to 5, 5, and 12. The whole purport of the pleadings is considered as a whole.

A. C (hereinafter “the deceased”) married with D, set up Plaintiff, E, F (former Name I), G, Defendant, and H under the chain, and died on June 26, 2009.

B. ① The registration of transfer of ownership in the name of the defendant as of November 8, 1989 with respect to the real estate listed in paragraph (1) of the attached list (hereinafter referred to as “the real estate listed in the attached list”) was made on April 10, 1986, and ② the registration of transfer of ownership in the name of the defendant and I as of August 22, 1989 with respect to the real estate of this case was made on July 7, 1989; ③ the registration of transfer of ownership in the name of the defendant and H as of May 11, 2005 with respect to the three real estate of this case was made on May 11, 2005; ④ the registration of transfer of ownership in the name of the defendant and H as of November 23, 195 with respect to the real estate of this case as of May 23, 2005; and ⑤ the registration of preservation of ownership in the name of the defendant as to each of the real estate of this case as to each of this case.

C. Meanwhile, the Plaintiff, F, H, J (E’s husband), and K (H’s husband) entrusted the deceased’s property to E, etc. under Busan District Court 201Gahap4608, the deceased claimed that the deceased donated or bequeathed the deceased’s property to E, etc., and filed a lawsuit claiming return of unjust enrichment or return of legal reserve of inheritance (hereinafter “the lawsuit against E, etc.”). On November 14, 2013, the above court rendered a judgment that partly accepted the claim for return of legal reserve of inheritance against the Plaintiff, F, and G, and dismissed all of the remainder claims.

Accordingly, the Plaintiff and E appealed from the appellate court (Seoul High Court 2014Na505), around March 30, 2015, when the lawsuit was pending in the appellate court (Seoul High Court 2014Na505), around KRW 290 million to the Plaintiff, KRW 185 million to the Plaintiff, and KRW 100 million to the F.

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