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(영문) 의정부지방법원고양지원 2017.12.20 2016가단91386
소유권말소등기
Text

1. The plaintiffs' primary claims and conjunctive claims against the defendant are all dismissed.

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

Reasons

1. Basic facts I and Plaintiff A married on January 1, 1961, and I died on July 18, 201.

The plaintiffs and the network J are children of I and the plaintiff A.

The J married with H on March 28, 2008, and the Defendant was the child, and the J and H were divorced on December 2014, and the deceased on November 14, 2016.

Attached Form

Each real estate listed in the list (hereinafter “each real estate of this case”) was owned by I. On December 13, 2007, the ownership transfer registration was completed in the J on December 17, 2007 on the ground of donations made on December 13, 2007. On November 14, 2016, the ownership transfer registration was completed in the Defendant’s future on December 13, 2016 on the ground of inheritance made on November 14, 2016.

【Ground for Recognition: Each description of Gap evidence 1 to 10 (if any, including a serial number)

2. With respect to the plaintiffs' assertion of this case, the J shall live together in the same house and faithfully support their parents, and if they do not comply with it, they shall return the received land to the same house and shall complete the registration of transfer.

Since the J expressed its intention to cancel the gift, the Defendant is obligated to cancel the registration of transfer of the instant real estate by way of restitution.

Preliminaryly, there was no positive inherited property at the time of the deceased I’s death, and the entire real estate was donated to J. As such, Plaintiff A’s legal reserve of inheritance was 1/10, and the remaining inheritors were 1/15, and the Defendant is obligated to implement the registration procedure for transfer of ownership based on the return of legal reserve of inheritance.

3. Determination

A. First, we examine whether each of the instant real estates has been concluded with the deceased I and the deceased J with respect to whether a contract for onerous donation has been concluded.

The evidence that seems consistent with the above, there are the statements of Gap 12 to 14 and the results of the party examination of plaintiff A.

However, there is an explicit burden between the deceased I and the deceasedJ, as the whole of the evidence mentioned above is admitted in full view of the purport of the whole arguments.

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