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(영문) 서울동부지방법원 2019.10.22 2019가단1023
소유권이전등기절차이행청구의 소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. E (hereinafter “the deceased”) donated land and buildings on August 21, 2003 to the Plaintiff, wife, Seongdong-gu Seoul, and completed the registration of ownership transfer on the same day.

B. The Deceased died on September 30, 2003, and the Defendants, as their children, jointly inherited the deceased’s property.

C. Meanwhile, the registration of ownership transfer has been made in the name of the deceased on each real estate listed in the separate sheet.

[Ground for Recognition] Defendant C: The fact that there is no dispute, entry of evidence Nos. 1 through 4, and the purport of the whole pleadings, as a whole, of confessions (Article 150 of the Civil Procedure Act)

2. The plaintiff's assertion and judgment

A. The plaintiff asserts that the deceased donated his entire property to the plaintiff before his birth, and that the plaintiff did not donate it to the plaintiff because he was not aware of the ownership of each real property listed in the separate sheet at the time, and that if he was under the ground, the plaintiff would have donated it to the plaintiff, and that he would have also donated it to the plaintiff, the plaintiff shall be entitled to transfer the ownership of each 2/7 share inherited by the

B. However, the above circumstances alleged by the Plaintiff alone cannot be deemed to have concluded a gift contract on each real estate listed in the separate sheet between the Plaintiff and the Deceased, and further, it is difficult to view that the ownership of each real estate should naturally be attributed to the Plaintiff

Therefore, the plaintiff's claim based on this premise is without merit.

3. Accordingly, the plaintiff's claim of this case is dismissed. It is so decided as per Disposition.

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