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(영문) 수원지방법원안산지원 2019.12.18 2019가단6706
소유권이전등기
Text

1. As to the Plaintiff’s share 2,367,268/40,569,70 of each of the real estate listed in the separate sheet, the Defendant on November 14, 2019.

Reasons

1. Basic facts

A. C was legally married with D on October 17, 1953, and was under the chain that the Plaintiff, Defendant, E, F, and G was a child.

B. On August 20, 2018, C donated each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) to F before the death (hereinafter “the deceased”), as follows: (a) on August 20, 2018, C donated each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”) to F.

Attached Form

At the time of the commencement of the inheritance on the date of title transfer registration of the list donation, the plaintiff was calculated as the officially announced value, and the defendant is not dissatisfied with this.

1 1 2013-05-01 201 2013-05-28 4,900,00 22015-10-26 2015-10-10-29 12,166,000 3 2013-05-01 2013-05-01 2013-05-28 1,034, 900 4 2013-05-05-01 22,468,800 total 40,569,700

C. The Deceased donated the following real estate to F before his birth:

H-208-06-23 2008-23 2008-07-07 20000 m2000 m208-63,000 m208-23,000 m2,000 m208-06-23 2008-07 53,400,000 m2,65 m208-065 m208-232,07-07 208-07 m2,922,00 K 2,440 m2,40 m208-230 m208-2308,000 m208-2308,000 m2,000 m209 m208-7307,708,708-708,707,007

D. There is no active and passive inherited property of the deceased.

[Ground of recognition] Facts without dispute, Gap evidence 6 and 10 (if there are additional numbers, including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The Plaintiff asserts that the Defendant donated real estate Nos. 1 and 2 of this case to the Plaintiff on September 5, 2018, and sought implementation of the procedure for the registration of ownership transfer against the Defendant.

The sole descriptions of evidence Nos. 4, 5, 8, and 9 are that it is difficult to deem that the Defendant agreed to give a conclusive gift to the Plaintiff the real estate Nos. 1 and 2 of this case, and there is no other evidence to acknowledge this otherwise.

Even if the Defendant entered into the above donation agreement with the Plaintiff, Article 555 of the Civil Code is applicable.

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