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(영문) 부산지방법원 서부지원 2018.08.31 2017가단139
소유권이전등기
Text

1. The plaintiff's main claim is dismissed.

2. The defendant shall be the plaintiff.

(a) KRW 6,000,000 and for this, July 1, 2017

Reasons

1. Basic facts

A. The Plaintiff and the deceased C (hereinafter “the deceased”) were separated from each other’s former spouse, and they were married with each other (the Plaintiff’s children are Nonparty D, and the deceased’s children are the Defendant) on June 26, 2006.

B. After that, the judgment of full adoption against the defendant filed by the plaintiff became final and conclusive on May 29, 2008, and the defendant became a full adoption of the plaintiff.

C. During the marriage period with the deceased, the Plaintiff entirely entrusted the management of the deposit passbook under the name of the deceased, whose monthly salary, etc. is deposited, to the deceased, and allowed the deceased to be made from time to time for entry, withdrawal, account transfer, etc.

(1) In around 2011, the Deceased died on March 11, 2016 at the end of the sick life continuing to perform surgery and recuperation after undergoing diagnosis of her own-culatory cancer.

(2) In the death of the Deceased, the Plaintiff and the Defendant jointly inherited the deceased’s property in their respective shares of 3/5,2/5.

E. (1) Before the death of the Deceased, the Deceased remitted the sum of KRW 20 million (hereinafter referred to as “instant transfer money”) totaling KRW 20 million on March 2, 2016 to the Busan Bank account in the name of the Defendant from the bank account, although the Deceased’s name was KEB, to the Busan Bank account in the name of the Defendant, and KRW 10 million on March 7, 2016.

(2) In addition, on March 3, 2016, immediately before the death, the Deceased completed the registration of transfer of ownership on the land listed in paragraph (2) of the attached Table No. 1 (hereinafter referred to as “E site”) and the land listed in paragraph (2) of the attached Table No. 2 (hereinafter referred to as “F forest for convenience”) of which the Deceased was the registered titleholder on March 3, 2016, based on the gift made on March 2, 2016 (hereinafter referred to as “instant land”).

(3) At the time of death, there was no small property such as debt against the deceased.

F. The Plaintiff’s full adoption against the Defendant around November 2016, on the ground that the Defendant cannot maintain the full adoption relationship any longer by using verbal abuse, assault, etc. against the Plaintiff during discussions on the division of inherited property after the deceased’s death.

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