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The defendant shall provide the plaintiff with the real estate stated in paragraph (1) of the attached Table 1 and the real estate stated in paragraph (2) of the same list.
Reasons
1. Basic facts
A. The plaintiff (Cres, South and North) and the defendant (Dres, inn, inn) are prone and prone, and the network E (hereinafter "the deceased") are the mother of the plaintiff and the defendant, and F.
B. As to the real estate listed in the attached list No. 1 (hereinafter “instant land”), the deceased completed the registration of transfer of ownership on January 3, 1998 by Suwon District Court’s Eunpyeong Housing Site Board’s receipt No. 20 on January 3, 1998, and by donation on December 30, 1997. The defendant completed the registration of transfer of ownership on June 22, 2001 and by receipt No. 23365 on June 22, 2001.
C. As to the real estate listed in the attached list No. 2 (hereinafter “instant building”), the Plaintiff completed the registration of establishment of ownership transfer on May 2, 1996 by the Suwon District Court’s Eunpyeong Housing Site Board and by receipt No. 25141 on May 2, 1996. The Defendant completed the registration of establishment of ownership transfer on June 22, 2001 and by receipt No. 23365 on June 22, 2001 as the same registration and receipt on June 22, 2001.
As the deceased died, the plaintiff and the defendant jointly inherited the deceased, and the inheritance shares of the plaintiff and the defendant are 2/13, respectively.
[Reasons for Recognition] Facts without dispute, entry in Gap evidence Nos. 1 through 3 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination
A. The title trust agreement on the relevant legal doctrine’s real estate is null and void, and any change in the real right to real estate under the registration made under the title trust agreement is null
[Article 4(1) and (2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name (amended by Act No. 10203, Mar. 31, 2010)
B. (See Supreme Court Decision 2002Da35157 delivered on September 6, 2002).
The judgment in this case (i) the statement in Gap evidence Nos. 4 to 17, the witness G testimony, and the result of the order to submit financial transaction information to each financial institution of this court.