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(영문) 서울중앙지방법원 2018.01.23 2016가단5160268
손해배상(기)
Text

1. The Defendants transferred each claim listed in the separate sheet to the Plaintiff, and each claim listed in the separate sheet to G.

Reasons

1. Basic facts

A. (1) On May 17, 2010, H died with no wife and child, and the deceased H’s brothers and sisters were G, I, J, and K.

K died on July 28, 1981 and M, etc. of the network K L and its children.

(2) The network H owned the real estate listed in the separate sheet (hereinafter “instant apartment”) and the statutory share of inheritance in G, I, and J is 1/4, respectively.

(3) The Plaintiff is a son of G, and the Defendants are I’s children.

B. On December 2, 2010, G and the Plaintiff filed a lawsuit for ownership verification against the wife and their children of Suwon District Court 2010Kahap23060, G and the Plaintiff filed for ownership verification against G and the Plaintiff.

(2) The lawsuit brought by G was terminated as the withdrawal of lawsuit, and on March 22, 2012, the above court rendered a judgment that “I shall implement the procedure for ownership transfer registration due to the gift made on May 14, 2010 with respect to one-fourth portion of the apartment of this case, and dismiss the remainder of claim against J, etc.” on the ground that “I shall be dismissed according to the confession made pursuant to Article 150(3) of the Civil Procedure Act.” The above judgment became final and conclusive around that time.

(3) In the above final judgment, “H donated the instant apartment to the Plaintiff on May 14, 2010, and H died on May 17, 2010, and I succeeds to the 1/4 of the instant apartment, so, I, the heir of the deceased H, is obligated to implement the procedure for ownership transfer registration with respect to the 1/4 of the instant apartment.”

(4) The reasons for the judgment between the Plaintiff and the J et al. are as follows.

The Plaintiff’s assertion: H donated the instant apartment to the Plaintiff on May 14, 2010, and as such, J, etc., the heir of H, is obligated to implement the procedure for the registration of ownership transfer for each of the instant apartment buildings based on donation.

Determination: H died from Maamam, and on May 14, 2010.

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