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(영문) 인천지방법원 2015.04.10 2013가합33610
소유권이전등기
Text

1. Defendant C: (a) KRW 236,80,484; (b) KRW 174,272,684; and (c) KRW 174,272,684; and each of them, from September 25, 2014 to September 25, 2015.

Reasons

1. Basic facts

A. The relationship E (FF students, hereinafter “the deceased”) of the parties married on July 7, 1963 with G and divorced on April 4, 2007.

The Deceased, among G, placed Plaintiff A, deceased H, Plaintiff B, and Defendant C as their children.

On the other hand, the Deceased died on June 30, 2013, and Defendant D is the spouse of Defendant C.

B. 1) On August 31, 1990, the Deceased’s transfer of rights to real estate owned by the Deceased (hereinafter “instant real estate 1”) is a building of 253.9 square meters and above ground in Gyeyang-gu, Incheon.

On July 15, 2008, the deceased acquired ownership of 1/2 shares of the above real estate to Defendant D, and on December 17, 2009, donated 1/2 shares of the above real estate to Defendant C, respectively. 2) On December 24, 1973, the deceased acquired ownership of 5,051 square meters before J in Gyeyang-gu Incheon (hereinafter “the instant real estate 2”), and on November 25, 2005, donated 1/2 shares of the above real estate to the Defendants on November 25, 2005.

3) On June 25, 1992, the Deceased is 14,380 square meters of Kandong-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “the third real estate of this case”).

(1) The Defendants, the Defendants, the deceased H, L (the deceased H’s spouse), and M (the Plaintiff’s spouse) acquired ownership on May 26, 2005, but divorced on January 29, 2007.

(C) At the time of the commencement of inheritance of each of the instant real estate, the market price of the instant real estate No. 1 as of June 30, 2013, was KRW 851,750,200, the market price of the instant real estate No. 2 as of June 30, 2013, and KRW 858,670,00, and the market price of the instant third real estate No. 3 is KRW 77,652,000. [In the absence of any dispute over recognition, each of the descriptions of evidence No. 1,2,3,66, and 19, the appraisal result of the appraiser’s O, the purport of the entire pleadings, and the purport of the entire pleadings.

2. The Plaintiffs’ assertion donated each real estate of this case and each building of 209.2m2m2 and above ground (hereinafter “P land and building”) to the Defendants, while the Plaintiffs did not donate or testamentary gift particular property to the Defendants, and there was no gift from each gift to the Defendants of the Deceased.

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