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(영문) 광주지방법원해남지원 2016.01.26 2014가단20667
소유권이전등기
Text

1. Attached list to the Plaintiff

1. With respect to the stated real estate, only on the ground of an agreement on April 10, 2014.

Reasons

1. Basic facts

A. The plaintiff is a partner of C, and the defendant is C's wife.

Since 1986, the plaintiff has resided with C and had the same date as C and C.

B. C shall list the annexed sheet

1. The owner of the listed real estate died on March 2013.

C. The Defendant’s list on October 4, 2013

2. Purchasing specified real estate and completing the registration of ownership transfer on October 11, 2013 in the Defendant’s future.

[Reasons for Recognition] Facts without dispute, witness D and E's testimony, purport of whole pleadings

2. The parties' assertion

A. From around 1986, the Plaintiff had been engaged in the same business as C and agriculture. The Plaintiff managed all profits, such as purchase of real estate through agricultural profits, and the Plaintiff died while not receiving any profit distribution.

On April 10, 2014, the Plaintiff and C’s heir, concluded on April 10, 2014, that the Plaintiff would liquidate the real estate in the attached Table 1 and the 1/2 share of real estate in the attached Table 2, among the real estate in the attached Table 1, shall be registered for the transfer of ownership.

B. The Plaintiff did not engage in agriculture as a partnership with the Defendant, but only received food, clothing and shelter from C while living together with C.

The defendant did not conclude an agreement as alleged by the plaintiff.

3. Determination as to the cause of action

(a) Attached List;

1. 1) Direct evidence consistent with the facts alleged as the cause of claim that the Plaintiff asserted as the cause of claim on April 10, 2014, which is direct evidence that the Plaintiff asserted as the cause of claim, has a witness D’s testimony, and there is no other direct evidence such as a written contract. The Defendant asserts to the effect that the above testimony cannot be trusted and the witness F’s testimony contrary to it is true. 2) The following facts can be acknowledged in addition to the entries in the evidence Nos. 5, 6, and 8 (including each number), and the overall purport of the pleading in the witness E’s testimony. The Plaintiff from around 1986 to the date of death of C.

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