logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2014.08.21 2013나20436
소유권이전등기
Text

1. Based on the Plaintiff’s appeal, the judgment of the first instance court is modified as follows.

(1) The plaintiff, the defendant B, and the defendant B, the annexed Form 5.

Reasons

1. The summary of the case and the facts premised on the case

A. The summary of the case is the case where: (a) the Plaintiff, the father of the case, lent funds to E several times to the Defendants, who are the inheritors of E; (b) upon the death of E, donated all the assets of E to the Plaintiff; (c) the Defendants sought the transfer of the assets listed in the [Attachment 1, 2, 3, and 4 on the ground of testamentary gift or private donation by asserting that they comprehensively succeeded to the status of E; and (d) sought the payment of the principal of the leased principal, interest or delay damages thereof stated in

The judgment of the first instance dismissed all the plaintiff's claims against the defendants, and the plaintiff appealed against this and filed an appeal.

(The plaintiff jointly and severally sought the payment of the loan and its interest or delay damages against the defendants, and the court tried to seek the return of the loan according to the inheritance shares among the loans and reduced the purport of appeal).

【Evidence of Facts 【A’ 1-1, 2, 2, 14, and 15-1 through 16, A17 [Co., Ltd. (A. 15-1 through 16, A17)] is presumed to be the authenticity of the entire document because, according to the appraiser’s appraiser’s appraisal results and the fact-finding results with respect to the head of PP at the time of Sinsisicing, the following seals are recognized to have been based on E’s seal impression books at the time of entering into the contract. The Defendants asserted that E’s seal was stolen and sealed at the time of the Plaintiff’s death, but there is no evidence to acknowledge it as follows: A 23-1, 2, 3, 4, and 25-1 through 7, A26-1, 2, A27, A28-1, A. 32, 39, A41, and 43-15 of the Plaintiff’s spouse at the time of the Plaintiff’s death; B-2000.

arrow