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(영문) 수원지방법원 2020.09.03 2019나62482
가등기말소
Text

The judgment of the first instance court is modified as follows. A.

The defendants are 4/4 each of the real estate listed in the attached list to the plaintiff.

Reasons

1. The basic facts of the claim ① F (the Plaintiff, the Defendants, and the co-defendant C (the father of the first instance trial) completed on October 27, 197 the registration of transfer of ownership in the name of the Plaintiff on the grounds of sale and purchase on September 21, 1977, and the Plaintiff paid gift tax thereafter; ② thereafter, on September 12, 198, B [the F wife, and the Defendants and the above C’s mother]’s provisional registration for preserving the right to claim ownership transfer (hereinafter “the provisional registration of this case”) was completed on October 13, 198 on the attached list (hereinafter “the real estate of this case”), which was owned by the father of the first instance trial, and was recorded on October 24, 198 by the heir of the Plaintiff, and the adoptive parent of the Plaintiff was not entitled to receive money and other valuables from the heir of the Plaintiff on October 24, 198; ③ the Plaintiff did not own the real estate of this case under the name of the adoptive parent of the Plaintiff and the heir of this case.

2. Judgment on the plaintiff's claim

A. (1) The plaintiff asserts that the real estate of this case was donated to F by himself, and the provisional registration of this case was completed without any cause at the request of B. Thus, the defendants asserted that the plaintiff, the owner of the real estate of this case, has the duty to cancel one fourth of each of the provisional registration of this case, which they succeeded to.

(2) As to this, the Defendants are entitled to the instant real estate.

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