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(영문) 부산지방법원 2017.12.13 2017나1193
소유권이전등기
Text

1. The judgment of the first instance court, including a claim to be modified and reduced in the trial, shall be modified as follows:

The defendant.

Reasons

1. Basic facts

A. The deceased D (hereinafter “the deceased”) died on February 7, 2015. The deceased’s legal heir is F, the Plaintiffs, the Defendant, and the deceased’s husband of H and the network G, the wife of which is H and the deceased’s husband.

An entry in the list of active property (2) in attached Table 1 of the value of the title of property.

[Attachment A] 1,372,00,000 won in total 1,372,00,000 won in 1,372,00,000 won in 100 won in loan obligations against Han Bank Co., Ltd. which the Plaintiff repaid on November 7, 2015, 204,143,99 won in Annex A 2(2) list.

304,143,99 won in aggregate of KRW 100,000,000 for the return of lease deposit with respect to immovable property

B. The details and value of the inherited property held by the deceased at the time of his death are as listed below:

C. The defendant is listed in the separate sheet (2).

On November 22, 2011, the registration of ownership preservation was completed on March 26, 201 in its name on the port real estate.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 12-3, 4 subparag. 16, 17-3, 4, 20-1, and the purport of the whole pleadings

2. Judgment on the plaintiffs' primary claims

A. Summary of the plaintiffs' assertion 1) Each real estate listed in the separate sheet No. 1) is donated to the defendant (hereinafter "the gift of this case").

As of April 25, 2011, the deceased was at the age of 86 years, and the deceased was in a state that he had no capacity to distinguish by reason of aggravation of mental disease. As the Defendant arbitrarily transferred the ownership by using the deceased’s work capacity status, the registration of ownership transfer under the name of the Defendant as to each real estate listed in the [Attachment 1] list (hereinafter “instant registration of transfer”).

(1) The deceased’s heir, who is an inheritor of the deceased, shall be deemed null and void, and even if it is not null and void, the defendant may see the deceased’s choice, and by deceiving the deceased, the deceased shall donate each real estate listed in the attached Table (1) to the defendant and have the deceased complete the registration of ownership transfer. Therefore, the plaintiffs’ share among each

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