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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. F completed the registration of ownership transfer on June 9, 2003 due to trading on June 7, 2003 with respect to the 2750 square meters in Gyeonggi-gu E-gun (hereinafter “1 real estate of this case”), and the Plaintiff completed the registration of ownership transfer on November 7, 2009 due to the death of F.
B. As to the 228 square meters in Gyeonggi-gu Gyeong-gun (hereinafter “2 real estate of this case”), F completed the registration of ownership transfer on July 1, 2003 due to the partition of co-owned property on June 30, 2003. The Plaintiff completed the registration of ownership transfer on November 7, 2009 due to inheritance by consultation division on December 8, 2009.
C. The Defendant completed the registration of ownership transfer on June 9, 2003 on the ground of sale on May 24, 2003, with respect to the 310 square meters in the Gyeonggi-si Cmiscellaneous District (hereinafter “instant 3 real estate”).
The defendant completed the registration of transfer of ownership on July 1, 2003 due to the sale on June 30, 2003 with respect to the 1012m2 (hereinafter “the 4m2”).
E. Around June 2003, the Defendant accepted the use of “1/2” part of “1/2” (hereinafter “the instant target real estate”) on the ship, which connects each of the items of “1/2, 3, 4, 5, 6, 7, 8, 9, 10, and 1 of the attached drawings among the real estate Nos. 3 and 4 of this case, among the real estate No. 3 and 4 of this case, with F, without setting a deadline.
(hereinafter referred to as the “instant agreement”). [This case’s agreement’s grounds for recognition] did not dispute, Gap evidence 2 through 6, evidence 7-1, 8-1, and 8-2, and Eul evidence 1 and 2, the result of the appraisal commission to appraiser H, the purport of the whole pleadings.
2. Determination
A. (i) According to the reasoning of the judgment as to the claim under the instant agreement, the F entered into a loan agreement with the Defendant on or around June 2003, without setting a period for the instant real estate. Thus, the Defendant is the F’s heir, barring any special circumstance.