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Reasons
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(영문) 대구지방법원 2016.12.02 2015가합204940
소유권이전등기
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1. The Plaintiff and the Defendant B, C, D, E, F, and G, from among the real estate listed in the separate sheet Nos. 1 and 2, shall share 153/1197, respectively.

Reasons

1. A M A M A M A NO M A of the basic facts;

A. The Plaintiff is in custody of “a memorandum of execution” (Evidence A No. 4) written under the name of the deceased M (hereinafter “the deceased”).

B. The Deceased died on June 11, 2014, and theO, the legal spouse of the Deceased, died on February 6, 2015.

C. The Defendants are the inheritors or substitute inheritors of the Deceased, and their inheritance shares are 153/1197, respectively, Defendant B, C, D, P, F, and G, Defendant H 126/1197, Defendant H 51/1197, Defendant J, K, and L 34/1197, respectively.

[Reasons for Recognition] A without dispute, entry of Gap evidence 4, result of written appraisal by appraiser Q, the purport of the whole pleadings

2. Around 1992, from 1995 to 2003, the Plaintiff: (a) resided in the building listed in [Attachment 1 List No. 2 (hereinafter “NB”) owned by the Deceased; (b) resided in the Daegu-gu R/S housing after 2003, and maintained de facto marriage before the Deceased’s death; (c) agreed on May 15, 2013 to donate the real estate listed in [Attachment 1 List No. 1 List to the Plaintiff; and (d) the ownership transfer registration was completed upon the death of the deceased who is a spouse under the law of the deceased. As such, the Plaintiff sought implementation of the ownership transfer registration procedure against the Defendants, who are the deceased’s inheritors and acting inheritors, based on their respective shares in inheritance as to each real estate listed in the [Attachment 1 List No. 1 List.

3. Determination

A. The fact that the Plaintiff’s request for each of the real estate listed in [Attachment 1 List 1] and 1 List 1 (“NB”) and the Plaintiff’s “NBD” written in the name of the deceased to return to the Plaintiff to the end, but the ownership transfer registration shall be completed upon the death of the deceased’s spouse who is the legal spouse of the deceased.” is recognized as above.

그런데 감정인 Q의 필적감정결과에 의하면 위 시행각서 본문 첫째 줄의 ‘N빌라’ 다음의 ‘壹’(일)자가 이후 ‘全’(전)자로 수정된 사실이...

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