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(영문) 대구고등법원 2015.09.03 2015나46
소유권이전등기
Text

1. The plaintiffs' appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The facts following the facts do not conflict between the parties, or can be acknowledged in full view of the entries in Gap evidence Nos. 1, 2, and 3 (including the whole number, if any; hereinafter the same shall apply) and the whole purport of the pleadings:

The plaintiffs and the defendant are F's children, and they are South Korea.

(Plaintiff A acquired the U.S. citizenship and changed the sex to her husband's adult GC). (B)

On March 8, 1993, F entered into a contract of donation with the Defendant (hereinafter “instant contract of donation”) with the content that the Defendant would donate each land listed in the separate sheet (hereinafter “each land of this case”) to the Defendant, and completed the registration of ownership transfer for each land on the 11st of that month.

C.F died on November 18, 2005.

2. Determination as to the cause of claim

A. At the time of 1993, the plaintiffs' assertionF is open to the public that "the plaintiffs' assertionF will dispose of real estate until the time of the death and will not inherit the interest rate to the people."

The plaintiffs and the defendant knew that father's father will be able to flick up the additional dues, upon request from the plaintiffs and the defendant, H to the small babyer of the plaintiffs and the defendant. On February 1993, H to persuade F, thereby allowing H to donate each of the lands of this case to the defendant.

In light of F’s attitude at the time, it was difficult to register each of the instant lands according to the respective inheritance shares of the Plaintiffs and the Defendant.

Accordingly, on March 8, 1993, the plaintiffs and the defendant entered into an agreement with the defendant, who is the first child, to register in the name of the defendant, and to transfer F's ex post facto inheritance shares (hereinafter "the agreement of this case").

Accordingly, each land of this case was registered in the name of the defendant alone.

As long as F dies, the Defendant is obligated to implement the registration procedure for transfer of ownership based on the instant agreement with respect to shares of 1/4 of each of the instant lands.

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