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(영문) 춘천지방법원강릉지원 2019.02.20 2018가단33592
소유권이전등기
Text

1. The plaintiff's claim against the defendants is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and the Defendants are children of deceased E (Death on February 9, 2016), mother, net F (Death on April 6, 2017), who are father’s father, and Defendant C is the Plaintiff’s form of punishment and Defendant D.

B. A building listed in paragraph 1 of the list, such as the land share in the attached list No. 2 (hereinafter “instant 1 and 2 real estate”) was owned by the networkF.

C. On April 22, 2000, a networkF acquired the ownership of 31/83 shares among the land listed in paragraph (3) of the attached Table No. 3 (hereinafter “instant real estate”) and 46 square meters in Gosung-gun G, G, and became a sole ownership of the networkF by acquiring the remaining shares of the instant three real estate, instead of transferring the said G land due to a partition of co-owned property on January 5, 2017.

[Ground of recognition] Facts without dispute, entry of Gap 1, 3, and 4 (including virtual numbers), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. On August 1987, the Plaintiff’s assertion F donated the Plaintiff the instant KRW 15 million to Defendant C with the new house construction cost, instead of donating KRW 15 million to Defendant C with the new house construction cost.

In addition, the deceased F purchased 31/83 shares of the 3rd real estate and G, each of the instant 31/83 shares, which the Plaintiff infringed while expanding the instant 2nd real estate, and donated the instant 3rd real estate to the Plaintiff at the time of partition of co-owned property on January 5, 2017.

Therefore, the Defendants, the heir of the networkF, should complete the registration of ownership transfer for each of the instant real estates with respect to one-third shares of each of the instant real estates to the Plaintiff.

B. As to the fact that the judgment net F, around August 1987, donated the Plaintiff the real estate Nos. 1 and 2 of this case to the Plaintiff, it is not sufficient to recognize the Plaintiff only with the entries of the evidence No. 6 (Recording) and the testimony of the witness I, and there is no other evidence to acknowledge it otherwise.

In addition, comprehensively taking account of the purport of the entire pleadings in the statement No. 5 (including the paper numbers), F shall lease the second floor of the instant real estate to I on May 16, 2014, and lease deposit and monthly rent.

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