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(영문) 서울북부지방법원 2015.11.26 2014가단14501
소유권이전등기
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant):

(a)each real estate listed in paragraphs 1, 2, and 3 of the Schedule;

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The following facts can be acknowledged according to the statements in Gap evidence 1 to 5 and witness G testimony.

The Plaintiff (Counterclaim Defendant, Counterclaim Plaintiff, hereinafter “Plaintiff”)’s spouse, Defendant (Counterclaim Plaintiff, hereinafter “Defendant”) and H, the father of G, respectively, owned the real estate listed in paragraphs (1) through (3) of the attached Table (hereinafter “real estate listed in the attached Table”) individually, “paragraph (0)”, “each real estate of this case” in paragraph (4), “2.39/1174.6 shares out of the real estate of paragraph (5), “101/1216 shares out of the real estate of paragraph (5), and “10/1383 shares out of the real estate of paragraph (6).

B. Meanwhile, on September 22, 2013, H entered the Plaintiff’s declaration of intent to donate each of the instant real estate to the Plaintiff in his pocket book, which was being treated as a pre-permanent cancer from around around 2009, and around that time, H directly expressed the intent to donate each of the instant real estate to the Plaintiff by reading the content of the said pocket book in the presence of G, the Plaintiff, and Defendant F.

C. However, H died on December 14, 2013, and the Plaintiff inherited 3/15 shares and 2/15 shares of the Defendants and G, respectively.

2. Determination

A. On September 22, 2013, the judgment on the principal lawsuit was rendered, and the donation was explicitly and implicitly established, and H expressed its intent to donate each of the instant real estate to the Plaintiff on September 22, 2013, and following that, the fact that the Plaintiff and Defendant F were present at the seat of the Plaintiff and Defendant F again made an offer of the said donation was as recognized above. Therefore, the donation contract between the Plaintiff and H on September 22, 2013 is deemed to have been concluded.

Therefore, the Defendants inherited H’s obligations are based on donations made on September 22, 2013, respectively, with respect to the Plaintiff’s 2/15 shares in each of the real estate listed in paragraphs (1), (2), and (3), 4.78/17619 shares in each of the real estate listed in paragraph (4), 101/9120 shares in each of the real estate listed in paragraph (5), and 412/4149 shares in each of the real estate listed in paragraph (6).

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