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(영문) 수원지방법원 2017.03.21 2016나11001
건물명도
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) and the Defendant are dismissed.

2. The costs of appeal are assessed against the Defendant (Counterclaim Plaintiff) and the Defendant.

Reasons

1. The reasoning of the judgment of the court of first instance cited in the judgment of the court of first instance is as follows. The judgment of the court of first instance on the Defendants’ assertion from 4.9 to 15, and the judgment on Defendant C’s counterclaim claim from 5.7 to 9, shall be determined as follows. Except for the following determination as to the additional allegations made by the Defendants in this court, the reasoning of the judgment of the court of first instance is as indicated in the reasoning of the judgment of the court of first instance, and thus, it shall be

2. Parts to be dried;

A. The fourth through fifteenth of the judgment of the court of first instance (the part of the judgment on the Defendant’s assertion) also acquired substantial ownership by the deceased D (hereinafter “the deceased”) entering into an agreement on the gift with the Plaintiff on the share of the real estate and fulfilling all its obligations pursuant thereto. Even if the fact of concluding the agreement on the gift with the burden was not recognized, the deceased’s share of KRW 45 million out of the successful bid price of the real estate of this case was alleged to have acquired ownership of the equivalent 18/29 out of the real estate of this case, but the statement of evidence Nos. 2, 6, 7, and 11 was insufficient to recognize that the Defendants’ share of the share of KRW 18/29 out of the auction price of this case was concluded, and there is no other evidence to acknowledge it. Therefore, the Defendants’ aforementioned assertion is without merit.

(B) Even if it is recognized that the deceased bears part of the successful bid price of the instant real estate, the deceased cannot immediately claim ownership without any separate agreement on transfer of ownership and transfer of ownership based thereon).

Defendant C is obligated to perform the procedure for the registration of ownership transfer of the instant real estate to Defendant C who inherited the deceased pursuant to the gift agreement with respect to the instant real estate, even though the Plaintiff did not have concluded the gift agreement with respect to the share of expenses, the Plaintiff bears the burden of the deceased.

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