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(영문) 서울고등법원 2017.11.22 2017나2025787
손해배상 청구의 소
Text

1. The plaintiffs' appeal and the preliminary claims added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. D and E were married with F, A, Defendant, G, and Plaintiff B as their children, and D died on September 5, 1994, and E died in 2010, and G died in 1999.

On the other hand, G's heir has spouse N, childO and P.

B. ① With respect to the building and its ground (hereinafter “H building”) owned by Yongsan-gu Seoul Metropolitan Government H-212 square meters (hereinafter “H land”), on June 20, 1984, the registration of ownership transfer made on the ground of sale on June 20, 1984 in the Plaintiff B B, on July 10, 1986, the registration of ownership transfer made on July 10, 1986 in the Defendant’s order. ② The registration of ownership transfer made on the ground of sale on July 10, 1986 (hereinafter “I land”) owned by the Republic of Korea was made on June 5, 1985 by Plaintiff B, on April 20, 1985, the registration of ownership transfer made on the ground of sale on July 20, 1986 and the registration of ownership transfer made on the ground (hereinafter “Defendant Yongsan-gu-gu building”) owned on July 10, 1986.

C. On June 30, 2015, the Defendant sold each of the instant real estate (hereinafter collectively referred to as “instant real estate”) to the following small-line companies (hereinafter referred to as “the following small-line companies”) and the ownership transfer registration was completed on August 31, 2015 with respect to the instant real estate.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 through 3, Gap evidence 3-1, 2, Gap evidence 5-1 through 4, and the purport of the whole pleadings

2. The plaintiffs' assertion

A. The network D, the main owner of H land and buildings, and the Plaintiff B and K land and buildings, the owner of the I land, shall give the Defendant a donation of the above real estate owned by the Plaintiff B and the network D around July 1986.

(2) The defendant shall raise objection.

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