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(영문) 인천지방법원 2015.08.17 2014가합60459
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1.The following facts of recognition may be found either as a dispute between the parties or as a whole by taking account of the respective descriptions of Gap evidence 1 to 3 (including each number), Eul evidence 1 and 2 (including each number), and the whole purport of the pleadings:

The Plaintiff is the spouse of the deceased deceased E on March 21, 2012, and F and the Defendants are the children of the Plaintiff and the deceased E.

B. Each real estate listed in the separate sheet Nos. 1 through 4 (hereinafter “each real estate of this case”) was owned by the Plaintiff either purchased by or inherited from the Plaintiff. Of each of the real estate of this case, the registration of ownership transfer was completed in the name of F, the head of the Plaintiff, on the ground of donation as of December 30, 2000 received on December 30, 200 from the Busan District Court Decision No. 54986, Dec. 21, 2000, as of December 21, 200. As to each of the real estate listed in the separate sheet No. 3, the registration of ownership transfer was completed in the name of F, the head of the Plaintiff, on the ground of donation as of December 30, 200, No. 54985, Dec. 30, 200.

2. Determination as to the defendants' defense prior to the merits

A. The Defendants’ defense prior to the merits filed a lawsuit against F and F, the wife, for the reason that the real estate listed in the separate sheet Nos. 1 through 3, was registered in title trust, against F and the Defendants, who were the children prior to the filing of the instant lawsuit. The Plaintiff filed a lawsuit for the registration of transfer based on the cancellation registration of each real estate listed in the separate sheet Nos. 1 through 3, or the cancellation of title trust.

The above lawsuit was concluded on October 21, 2013 between the Plaintiff, F, and the Defendants. At the time, the Plaintiff, among each real estate listed in the attached Tables 1 and 2, that the Plaintiff donated to the Defendant to the Defendant’s wife, agreed not to raise any objection, such as filing a lawsuit, with respect to the shares inherited by the Defendants due to the death of the deceased E.

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