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(영문) 대구지방법원 2014.11.21 2013가합9851
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The plaintiffs and the defendant are children of the network F, and they are the children of the network F.

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

On March 8, 1993, the networkF donated each land listed in the annexed real estate list (hereinafter “each land of this case”) to the Defendant (hereinafter “the gift of this case”). On March 11, 1993, the registration of transfer of ownership was completed on the ground of the gift of this case under the name of the Defendant as the Daegu District Court received on March 11, 1993 from the Daegu District Court of Registration Office.

C. The netF died on November 18, 2005.

[Ground] Facts without dispute, Gap evidence 1-1, 2 (hereinafter omission of number), Gap evidence 2, the purport of the whole pleadings

2. Determination as to the cause of claim

A. At the time of February 193, 1993, the Plaintiff’s allegedly stated that “The Plaintiff and the Defendant shall open to the public that “I will pay money by disposing of the real estate to the time of the death of the Plaintiff, and will not inherit it to the people.” The Plaintiffs and the Defendant, upon request from the Plaintiffs and the Defendant, expressed to He that his father will raise the additional dues, so that H will draw up the additional dues, thereby allowing H to donate each of the instant land to the Defendant by acquiring the net F around February 193.

In light of the degree of attitude at the time of the networkF, it was difficult to register the instant land according to the respective inheritance shares between the Plaintiffs and the Defendant. On March 8, 1993, the Plaintiffs and the Defendant first registered the instant land in the name of the Defendant, ASEAN, and agreed to transfer it according to the deceased F’s original inheritance shares. Accordingly, each of the instant land was registered in the name of the Defendant solely.

As long as the network F is deceased, the defendant is obligated to implement the procedure for the registration of ownership transfer on the land of this case as of March 8, 1993 in accordance with the above agreement with the plaintiffs.

B. Around March 8, 1993, the Defendant’s registration of the transfer of ownership to the Plaintiffs as much as the Plaintiffs’ respective inheritance shares with respect to each of the instant land after the deceased F’s post.

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