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(영문) 부산지방법원 서부지원 2021.01.20 2020가단107641
소유권이전등기
Text

Of the real estate listed in the attached list to the Plaintiff, with respect to the shares of 1/72, Defendant C, D, and E, respectively, 1/108 shares.

Reasons

1. Facts of recognition;

A. On February 21, 1980, the deceased T and U had their children in V and the Plaintiff as the legal couple who reported marriage on February 21, 1980.

B. The deceased T on April 21, 1989 reported divorce with U on April 21, 1989, and reported marriage on August 14, 1991.

(c)

The network T and the network W completed the registration of the transfer of ownership on the real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) on March 21, 1994 by each 1/2 equity on April 25, 1994.

After that, as the network T dies, on March 20, 2008, the network W completed the registration of transfer of ownership on April 1, 2008 as to 1/2 of the net shares of the instant real estate due to inheritance by division of the agreement.

(d)

On January 27, 2009, the deceased W donated the instant real estate to the Plaintiff on the condition that he manages the cemetery upon his death and renders memorial services.

E. The deceased W died on July 24, 2009, and thereafter, the Plaintiff managed the deceased W’s cemetery and went into a memorial room.

F. There are Defendants as the deceased W’s inheritors. Each inheritance share of the Defendants is as indicated in the annexed inheritance share.

G. Meanwhile, after the purchase of the instant real estate, the deceased T and GW had resided in the instant real estate with the Plaintiff and V, and the Plaintiff and V continued to reside in the instant real estate since the death of the deceased T and GW.

[Recognition Facts] Defendant O, P, Q, and R: The respective descriptions and images of Gap evidence Nos. 1 through 24, and the remainder of the purport of the entire pleadings: deemed confession (Article 150(3) of the Civil Procedure Act)

2. According to the facts of the judgment as to the cause of the claim, since the deceased W donated the instant real estate to the Plaintiff under certain conditions (the conditions of his grave management and removal) and the Plaintiff fulfilled the above conditions, the Defendants, the deceased W’s heir, are obliged to implement the registration procedure for ownership transfer on January 27, 2009 with respect to each inheritance share in the attached inheritance among the instant real estate, as to the Plaintiff’s respective inheritance share in the attached inheritance.

3. Conclusion.

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