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(영문) 수원지방법원성남지원 2017.09.26 2016가합206860
소유권이전등기
Text

1. Defendant B’s share on July 5, 2016, among each real estate listed in the separate sheet No. 1 list, to the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. The deceased I (hereinafter “the deceased”) died on July 24, 2016.

Defendant B, D, E, F, G, and H are siblingss and siblings of the deceased and legal successors, and Defendant C is the married couple of the deceased who was his own sibling, and the Plaintiff is the married couple of Defendant B.

B. The Defendants inherited each real estate listed in the separate sheet No. 1 list owned by the Deceased (hereinafter “each of the instant real estate”) in 1/7, the inheritance shares.

[Ground for recognition] Unsatisfy

2. There is no dispute between the parties on July 5, 2016 regarding the fact that the Deceased’s judgment on the claim against Defendant B donated each of the instant real estate to the Plaintiff.

According to this, the deceased is obligated to implement the registration procedure for ownership transfer of each real estate of this case to the plaintiff. Thus, the defendant B is obligated to implement the registration procedure for ownership transfer of 1/7 shares of inheritance of each real estate of this case to the plaintiff.

3. Determination as to the remainder of the Defendants’ claims on the principal lawsuit

A. On June 13, 2016, the Plaintiff asserted that the deceased would continue to exist in a hospital for the next six months, and expressed his/her intent to donate all property to the Plaintiff, which was a separate space of peace. On July 5, 2016, the Plaintiff received the deceased’s intention. Afterwards, the deceased died while preparing testamentary gift-related documents.

Therefore, the Plaintiff and the Deceased may be deemed to have concluded a gift contract verbally on July 5, 2016. Even if the gift contract was not concluded, the deceased may be deemed to have expressed his intent of testamentary gift to the Plaintiff on the same day. Therefore, the Defendants who inherited the deceased (excluding Defendant B; hereinafter “Bs Defendants”) are liable to implement the registration procedure for ownership transfer according to their respective inheritance shares in respect of each of the instant real estate to the Plaintiff.

B. The Plaintiff’s testimony as stated in the evidence Nos. 16, 17, and 21, which seems consistent with the Plaintiff’s assertion, and the witness K’s testimony is the Plaintiff.

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