logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원천안지원 2017.10.27 2017가단102620
소유권이전등기
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. Facts of recognition;

A. The Plaintiff has maintained de facto marital relationship with the deceased F from around 1998.

B. The F died on May 14, 2016, and his/her children died, and his/her children, Defendant B and his/her son G (F) (F).

G’s heir is Defendant C, Defendant D, and E, the spouse of G.

C. F acquires each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) between 1960 and 1980, and completed each registration of ownership transfer.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Eul evidence 4, the purport of the whole pleadings

2. Around 1998, when the Plaintiff’s assertion and F were to live together with the Plaintiff with the intention of marriage, around 1998, F donated each of the instant real estate to the Plaintiff. The Plaintiff entered into a sort of gift agreement with F and F to bear the basic living benefits received from the government at the time. The Plaintiff did not complete the registration of ownership transfer in the name of the Plaintiff to receive the basic living benefits.

Therefore, the Defendants, F’s inheritor, are obligated to implement the procedure for ownership transfer registration for each of the instant real estate based on donation to the Plaintiff.

3. The testimony of Gap evidence No. 2, Gap evidence No. 3, and witness H alone is insufficient to recognize the existence of a gift contract or a gift contract with respect to each real estate of this case between the plaintiff and the deceased F, and there is no other evidence to acknowledge it.

The plaintiff's assertion is without merit.

4. Therefore, the plaintiff's respective claims against the defendants are dismissed as it is without merit. It is so decided as per Disposition.

arrow