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(영문) 대구지방법원 2016.04.05 2015가단102504
소유권이전등기
Text

1. The Defendants shall pay to the Plaintiffs each share specified in Paragraph 3 of the attached Table 2 concerning each real estate in the list of real estate.

Reasons

1. Defendant C, D, F, G, and J parts

(a) Indication of claims: To be as shown in the reasons for the claims;

B. Article 208(3)2 of the Civil Procedure Act

2. Defendant E and H part

(a) Indication of claims: To be as shown in the reasons for the claims;

B. Article 208(3)3 of the Civil Procedure Act

3. Defendant I and the part part of the Plaintiffs asserted that Nonparty I donated each real estate in accordance with paragraph (2) of the attached Table No. 2 of the real estate list around March 5, 1992 to the Plaintiffs, the Defendants did not know it.

The following can be known by comprehensively taking account of the overall purport of the pleadings in Gap evidence Nos. 1 through 4 (including the branch numbers), the non-party L, the inheritee of the defendants, died, and the non-party L, the inheritee of the defendants, died, and the N andO, all of which were children, died. Around March 5, 192, M Shares and other Daegu-dong P, other than these, among each of the above real estate inherited from M, donated to the plaintiffs. The deceased Q was deceased before the death of M and succeeded to Q, and the deceased Q was presumed to have not been well aware of such inheritance relationship. In full view of the above, it is reasonable to deem that L donated to the plaintiffs the share of Q in each of the above real estate, as alleged by the plaintiff, in Q, as argued by the plaintiff.

Thus, the defendants, the inheritor of L, are also subject to inheritance from L to the obligation to perform the gift contract. Therefore, the plaintiffs are obligated to perform the procedure for the registration of ownership transfer on March 5, 1992 with respect to each of the shares inherited to the plaintiffs of this case.

4. In conclusion, the plaintiffs' claims are with merit. However, in full view of all the circumstances revealed in the pleadings, it is reasonable to accept the costs of lawsuit at each party's own expense. It is so decided as per Disposition.

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