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(영문) 대구지방법원 2014.04.18 2013가단19974
소유권이전등기
Text

1. On February 24, 201, the Defendant donated the Plaintiff on February 24, 201 with respect to the share of 661.16 percent of the real estate stated in the attached list.

Reasons

1. Basic facts

A. The network C had a number of children, and the first is the Plaintiff and the next is the network D (Death on November 12, 1996), E, and F.

B. The Plaintiff married with G to have H, etc., and the network D married with the Defendant and left son I as his child.

C. The real estate listed in the separate sheet (hereinafter “instant land”) was owned solely by J. On December 12, 1987, the ownership transfer registration for the shares of 661.16/56 (hereinafter “instant shares”) was completed on December 12, 1987, respectively.

On the other hand, on August 20, 198, G, the husband of the Plaintiff, completed the registration of creation of a neighboring mortgage, which caused seven million won of the maximum debt amount of the instant share, to G.

E. On April 11, 2006, the Defendant completed the registration of ownership transfer for the instant shares due to the consultation and division of inherited property after the deceased D's death.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, and Gap evidence 6, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff asserted as follows. ① The Plaintiff purchased the instant shares from J in 1987, and thereafter made a title trust to Dong-in, the Plaintiff completed the registration of the establishment of a neighboring establishment of the instant shares in the name of husband, G to indicate that he/she is the actual owner. ② After the deceased of Dong-in, the Plaintiff demanded the Defendant to notify the termination of the title trust and to make the registration of the ownership transfer in the future of the Plaintiff, and the Defendant was entrusted with the management of the instant shares to I who are his/her own children. The Plaintiff, along with I represented by the Defendant on February 24, 2011, was a donation contract for the instant shares at a certified judicial scrivener’s office (hereinafter “instant donation contract”).

(3) Therefore, the Defendant is obligated to complete the registration of ownership transfer with respect to the instant shares to the Plaintiff. 2) As to this, the Defendant is obligated to do so.

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