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(영문) 수원지방법원 2015.06.16 2013가단223000
소유권이전등기
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

The Plaintiffs are children of the deceased D (hereinafter referred to as “the deceased”), and the Defendant is the birth of the deceased.

On July 17, 2013, the Deceased donated 12/42 shares, a share of the Deceased, among the instant real property, to the Defendant (hereinafter “instant gift”).

The Deceased died on July 29, 2013.

[Ground of recognition] The plaintiff asserted that the plaintiff did not dispute, Gap evidence Nos. 1 through 4, and the ground for a claim as to the purport of the entire argument, and the plaintiff's assertion that the plaintiff had the wife E and his children, F and the plaintiffs. However, due to the donation in this case, the above E (Inheritance shares 3/9) and the plaintiffs (Inheritance shares 2/9) were infringed, and the above E transferred the above legal reserve right to the plaintiffs. Thus, the defendant is obligated to perform the registration procedure for transfer of ownership for the real estate in this case to the plaintiffs, since the defendant transferred the above legal reserve right to the plaintiffs.

Judgment

In full view of the purport of Gap evidence Nos. 5 and Eul evidence Nos. 6 and the purport of the whole arguments and arguments, around the time of the deceased’s death, the deceased’s property was 12/42 shares in the lease deposit of the hospital operated by the deceased, and there was “H apartment No. 1005” (see evidence No. 5). The deceased’s Citty Bank and National Bank Account were deposited in KRW 360,389,127 on July 18, 2013 and the sum of KRW 19,000 on July 19, 2013. Accordingly, the plaintiffs and F, who were their children, were her mother E (the deceased’s wife and name), and Gomo G’s husband’s husband’s husband’s husband’s claim for unjust enrichment (Seoul Central District Court Decision 2013Ga549084) and the plaintiffs’ agent acquired the deceased’s property from the pleading.

Accordingly, this court's legal reserve of inheritance against the plaintiffs.

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