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1. The Defendants, on September 3, 2018, donated each portion of the real estate listed in the separate sheet to the Plaintiff on September 3, 2018.
Reasons
1. Basic facts
A. The plaintiff is the fourth male and female of the deceased D (hereinafter "the deceased") who is the fourth male and female of the deceased D (hereinafter "the deceased").
The first, the deceased’s father and son are E, the second, F, and the third, the deceased’s father and son are Defendant B and the fourth, Defendant C.
B. On March 19, 2004, the Deceased completed the registration of ownership transfer on the real estate listed in the separate sheet (hereinafter “instant apartment”).
C. On September 3, 2018, the Deceased died. The Defendants completed the registration of ownership transfer on each of 1/5 shares of the instant apartment on September 19, 2018 for all heirs (Plaintiffs, Defendants, E, and F) due to inheritance on September 3, 2018.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1, 2, 3, 11, 14 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion that the Plaintiff would donate the instant apartment to the Plaintiff upon his death. Since the Plaintiff consented, this constitutes a private donation. The Defendants, the inheritor of the Deceased, are obligated to complete the registration of ownership transfer for the Plaintiff on September 3, 2018, with respect to the share of the ownership corresponding to the shares of the instant apartment.
B. The Defendant’s assertion that he would not give any additional support to the Plaintiff because he had already provided a large amount of monetary support to the Plaintiff, and that he would not give any further support to the Plaintiff, and that all the siblings would cause a fair distribution of the property when he/she died.
3. Determination
A. Article 562 of the Civil Act provides that the provision on testamentary gift shall apply mutatis mutandis to a donation by a private person. However, Articles 1065 through 1072 of the Civil Act regarding the method of testamentary gift is based on the premise that it is a sole act, and thus, it does not apply to a donation by a
(see, e.g., Supreme Court Decision 2000Da66430, 66447, Sept. 14, 2001). The deceased’s will did not meet the requirements as a will by an instrument of acceptance.