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(영문) 수원지방법원 2015.08.21 2014가단509985
소유권이전등기
Text

1. The defendant is against the plaintiffs:

(a) Recovery of authentic names with respect to shares of 1/3 of the real estate listed in the separate sheet.

Reasons

1. Basic facts

A. The deceased D (hereinafter “the deceased”) was hospitalized in Aju University Hospital on September 15, 2013 due to the soft cancer, etc. and died around 00:00 on September 18, 2013. The deceased’s heir is the Plaintiffs, children, and the Defendant.

Inheritance shares of the plaintiffs and the defendant are 1/3, respectively.

B. On September 17, 2013, regarding the real estate listed in the separate sheet (hereinafter “instant real estate”), the ownership transfer registration based on the donation on the same day (hereinafter “instant donation”) was completed on September 17, 2013 (hereinafter “instant transfer registration”).

C. The Defendant resided in the instant real estate from before the deceased’s death to the present date and occupied and used it.

[Ground of recognition] Gap evidence Nos. 1 through 5, 6 through 12, Eul evidence Nos. 1 (including numbers), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff primarily argues that the registration of the transfer of this case in the name of the defendant with respect to the real estate of this case is null and void since the defendant forged the relevant documents such as the gift contract, etc., the defendant is obligated to perform the procedure for the registration of transfer of ownership with respect to each one-third share of the real estate of this case to the plaintiffs, and deliver the above real estate, and return the unjust enrichment equivalent to the plaintiffs' share among the above real estate. ② Since the transfer of this case is valid as a preliminary result, the defendant violated the legal reserve of inheritance of this case to the plaintiffs, the defendant is obligated to perform the procedure for the registration of transfer of ownership as to each share of this case among the real estate of this case.

B. The defendant completed the registration of transfer of this case's real estate to the defendant according to the deceased's intent to donate the real estate of this case. Thus, it is not necessary to conclude the relevant documents, such as the gift contract, as alleged by the plaintiff.

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