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(영문) 수원지방법원 2018.04.10 2016나71553
소유권이전등기
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On February 17, 2005, the registration of ownership transfer was completed in the name of F with respect to the Suwon-si E 242 square meters (hereinafter “instant land”). On February 18, 2005, the registration of ownership transfer was completed under the name of the Defendant as the Suwon District Court, Dongwon-si registry office (hereinafter “instant donation”) received on February 18, 2005.

B. Thereafter, on August 19, 2014, G-type 51 square meters was combined with the instant land, and E-type 293 square meters was located. The instant land, among the land after the annexation, is the part (A) part on a ship connected each point of the following points in the attached Form 1, 12, 4, 5, 6, 7, 7, 8, 9, 10, 11, and 11.

C. The F died on June 11, 2005 (hereinafter “the deceased”), and the Plaintiffs and the Defendant are the deceased’s children.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiffs' assertion

A. At the time of the donation of this case, the deceased at the time of the donation of this case as to his primary claim, the donation of this case is null and void.

Therefore, the part concerning the registration of ownership transfer of the land in the name of the defendant, excluding the defendant's shares in inheritance, should be cancelled as the registration of invalidation of cause. Since the plaintiffs acquired ownership of 1/4 shares of each of the land in this case as the heir of the deceased, the defendant is obligated to implement the registration of ownership transfer for each of the above shares due to the recovery

B. Even if the conjunctive claim is valid, the gift of this case infringes on the plaintiffs' legal reserve of inheritance, so the defendant is obligated to implement the registration procedure for transfer of ownership with respect to each one-eight share of the land of this case as the return of legal reserve of inheritance to the plaintiffs.

3. Determination

(a) the ability to determine the primary claim can be reasonably determined on the basis of the meaning or outcome of his act based on normal perception and towing power;

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