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(영문) 청주지방법원충주지원 2015.03.04 2013가단10522
상소권회복
Text

1. The plaintiff's primary claim against the defendants is dismissed in entirety.

2. The Defendants are listed in the separate sheet to the Plaintiff.

Reasons

1. Basic facts

A. On September 10, 2013, the registration of ownership transfer in the name of the Defendants (hereinafter “instant registration of ownership transfer”) was completed on September 30, 2013 with respect to one-third share of each real estate (hereinafter “instant real estate”) indicated in the separate sheet, which was owned by the network E (hereinafter “the deceased”).

B. The deceased died on November 14, 2013, and the deceased’s heir is the Plaintiff, the Defendants, the F, and G, who are their children.

C. The Deceased did not have any property other than the instant real property at the time of death.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. In light of various circumstances, such as the fact that there was a donation contract on the main substance of the primary assertion, the deceased’s disease aggravated on August 30, 2013, and that H, in a de facto marital relationship with the deceased, delivers the deceased’s seal impression to the Defendant C, it cannot be deemed that the deceased intended to donate the instant real estate to the Defendants.

Therefore, since the ownership transfer registration of this case is invalid, the defendants are obligated to implement the registration procedure for ownership transfer based on recovery of the right to recover one-eight percent of each share of the real estate of this case to the plaintiff.

B. The main point of preliminary assertion was the deceased’s donation to the Defendants, which infringed the Plaintiff’s legal reserve of inheritance (one-half share, which is 50% of the Plaintiff’s share in the real estate of this case), and the Defendants are liable to implement the procedure for ownership transfer registration as to one-half share in the real estate of this case as the return of legal reserve of inheritance to the Plaintiff.

3. Determination

A. Where a registration has been made on any real estate to determine its primary assertion, it shall be deemed that it has been duly made in the cause and procedure unless there are any special circumstances.

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