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(영문) 청주지방법원 제천지원 2018.04.04 2017가단21851
소유권이전등기
Text

1. Defendant B donated the Plaintiff on May 11, 2017 with respect to 3/9 shares of each real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. Defendant B is the husband of the deceased E (hereinafter “the deceased”), and the Plaintiff, Defendant C, and D are the children of the deceased.

B. The Deceased died on May 7, 2017, and there was no heir other than the Plaintiff and the Defendants.

C. At the time of death, the Deceased owned each of the instant real estate, and the Plaintiff and the Defendants succeeded to each of the instant real estate according to their respective inheritance shares (Defendant B3/9 shares, the Plaintiff, Defendant C, and each of Defendant C/9 shares).

[Ground of recognition] B between the plaintiff and the defendant: Confession (Article 150 of the Civil Procedure Act) and the plaintiff, defendant C, and D: The fact that no dispute exists and the purport of the whole pleadings

2. The Plaintiff’s claim against Defendant B asserted that “Defendant B donated 3/9 shares, which are the inheritance shares of Defendant B, among each of the instant real estate, to the Plaintiff on May 11, 2017,” and the Defendant B led to confession pursuant to Article 150 of the Civil Procedure Act.

Therefore, Defendant B is liable for the Plaintiff to implement the registration procedure on May 11, 2017 with respect to the ownership of 3/9 shares out of each of the instant real estate on the ground of donation.

3. Determination on the Plaintiff’s claim against Defendant C and D

A. On June 10, 2017, the Plaintiff donated 2/9 shares, each of the instant real estate inheritance shares, to the Plaintiff on June 10, 2017.

However, each statement of Gap evidence Nos. 4, 6, and 17 (including each serial number) is insufficient to acknowledge the above assertion, and there is no other evidence to acknowledge it. On the other hand, the plaintiff donated each of the real estate to the plaintiff.

“The assertion to the effect that “the time of the donation was not specified, and the claim for the transfer registration procedure based on each gift made by Defendant C and D, June 10, 2017, which was after the death of the deceased, is seeking the implementation of the claim. As such, the above assertion appears to have been asserted as an indirect fact. However, the evidence submitted by the Plaintiff alone is insufficient to recognize the above assertion.

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