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Reasons
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(영문) 서울남부지방법원 2015.09.22 2014가합106039
소유권이전등기 등 청구의 소
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1. The Plaintiff:

A. C, which is a litigant’s lawsuit in Defendant Dong-gu, Suwon-gu, Suwon-si, with respect to 3/5 shares out of 480 square meters of forest E.

Reasons

1. Basic facts

A. The pertinent Plaintiff of the parties is a son of F, who is a form of the deceased B (Death on September 4, 2014, hereinafter referred to as “the deceased”).

Defendant B’s lawsuit taking over (hereinafter “Defendant C”) succeeded to the deceased’s property as the deceased’s children, and the deceased’s spouse, Defendant B’s lawsuit taking over (hereinafter “Defendant D”).

B. On May 29, 2008, the Deceased entered into a donation contract with the Plaintiff, immediately after being hospitalized with the Synas Hospital on May 29, 2008, concluded the donation contract with the Plaintiff on each of the above land by setting up a letter of will and a letter of delegation, stating that he/she donated the Plaintiff the land of 1,638 square meters in Suwon-gu, Suwon-gu, Suwon-si (hereinafter “instant land”), E Forest and field 480 square meters (hereinafter “instant land”) and the land of H 1,907 square meters (hereinafter “H land”). On June 10, 2008, the Deceased signed the donation contract with the Plaintiff by delivering the letter of will and the power of delegation discharged from the Snas Hospital.

(hereinafter “instant donation contract”). C.

(1) On October 3, 2008, the Plaintiff’s disposition of real estate and market price 1) sold H land to J on behalf of the Deceased, and thereafter, the Deceased paid KRW 300 million to the Plaintiff. (2) On November 25, 2009, Defendant D sold the land No. 1 to K on behalf of the Deceased, and completed the registration of transfer on behalf of the Deceased on December 9, 2009.

3) At the time of December 9, 2009, the market price of the instant land No. 1 is 442,260,000 won. [The fact that confessions are based on recognition, the entry of Eul evidence No. 15, the result of appraiser L’s appraisal, and the purport of the entire pleadings.]

2. The key issue of the instant case is to seek a claim for ownership transfer registration of the instant land No. 2 pursuant to the instant donation contract, and to seek damages equivalent to the market price of the instant land No. 1.

As to this, the Defendants concluded the gift contract of this case with the deceased’s capacity to perform his duties.

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