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(영문) 대전지방법원홍성지원 2015.09.30 2015가단1291
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts D shall purchase from E on August 21, 2003 each land listed in the separate sheet 1 to 3,065 square meters in the separate sheet, and completed the registration of ownership transfer on August 26, 2003 each of the above real estate.

On March 15, 2004, the land category was divided and changed as each real estate listed in [Attachment 4 to 7] Table 4 on March 15, 2004.

(C) On November 10, 2003, the Plaintiff transferred KRW 50 million to G’s account, the husband of D, as the husband of the Plaintiff, to the Plaintiff.

D On November 7, 2012, at the participation of the witness I and J before a notary public H, he made a will to testamentary gift of each of the real property listed in the Schedule 1 to 6 attached hereto to the Defendant, who is the child in accordance with No. 906 of No. 2012, and died on November 23, 2014.

[Ground of recognition] Facts without dispute, Gap 1, 3, 6-1 through 6-7, 8-2, Eul 1, 2, 5, the purport of the whole pleadings

2. On November 10, 200, the Plaintiff, as the cause of the Plaintiff’s claim, purchased KRW 100 of the instant orchard at KRW 50 million from D, and upon converting it into shares, KRW 3,305.8/7,066 shares. As such, D is obligated to implement the procedure for registration of ownership transfer with respect to shares 3,305.8/7,066 out of the instant orchard (hereinafter “instant shares”).

However, since most of the D's inherited property was succeeded to D's inheritance obligation as a comprehensive donee, the Defendant is obligated to perform the registration procedure for ownership transfer of the instant shares to the Plaintiff.

3. Determination

A. First, we examine whether the Plaintiff and D entered into a sales contract with respect to the instant shares on November 10, 2003.

1. The following facts are recognized in full view of Gap 2, 4, and 5's statements and the purport of the whole arguments.

On or around March 6, 2014, the Plaintiff purchased D’s real estate “out-of-the-counter land in the Chungcheongnamnam Budget Unit F,” with a thickness request from her husband G at the time of purchase of ear and so forth. 50 million won is the Plaintiff’s husband at her husband.

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