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(영문) 서울서부지방법원 2013.11.28 2012가합11778
소유권이전등기
Text

1. The defendant shall, within the limit of the property inherited from the deceased C, each real estate listed in the separate sheet to the plaintiff.

Reasons

If the purport of the entire argument is added to the evidence Nos. 1 through 8, 4, and 5 of the judgment on the cause of the claim, the deceased prepared a gift certificate to the Plaintiff on March 15, 2012 that each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) owned by the deceased C was donated to the Plaintiff on March 15, 2012, and the network C and the Plaintiff affixed their signatures and seals respectively, and the network C died on August 1, 2012. Meanwhile, the deceased on May 8, 2012, the network C and E, F, and the Defendant’s heir on May 18, 2012, who were the children of the deceased C, due to the completion of the divorce report, and E and F filed a report on renunciation of inheritance with the Seoul Family Court Decision 2012Ra939, Sep. 939, 2013, and the Defendant approved the inheritance on December 29, 2012.

According to the above facts, the Defendant, who is the deceased C’s heir, is obligated to implement the registration procedure for transfer of ownership based on the gift of March 15, 2012 with respect to each of the instant real estate, except in extenuating circumstances.

The defendant's argument regarding the defendant's assertion was prepared by the deceased C's failure in the business of the deceased C at the time of the preparation of the gift certificate concerning each of the real estate of this case and was at risk of compulsory execution against the creditors of each of the real estate of this case, and the defendant prepared a gift certificate that the plaintiff donated each of the real estate of this case in collusion with the plaintiff for the purpose of transferring only the real estate of this case (hereinafter "the housing of this case") as owned by the former D, so the above gift contract is invalid.

In order to establish false conspiracys, the truth and indication of declaration of intention are inconsistent and there is a need to reach an agreement with the other party as to the inconsistency (see Supreme Court Decision 2003Da7357, Jun. 24, 2003). Each statement of the evidence Nos. 8 through 10 in the above donation contract is with the intention of the plaintiff and the defendant in the above donation contract.

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