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1.(a)
Defendant B shall have the Daegu District Court registered the shares of 1/5 of the real estate listed in the separate sheet to Defendant C.
Reasons
1. Basic facts
A. The deceased H (hereinafter “the deceased”) died on April 29, 2019. On the deceased’s property, the deceased’s wife C/15, Defendant B, Defendant D (hereinafter “Defendant D”), the deceased’s children, and Defendant B, the Plaintiff, Appointor F, G, and Defendant E inherited each of their respective 2/15 ratios.
B. ① On July 28, 2016, the Deceased completed the registration of ownership transfer (hereinafter “instant registration of ownership transfer”) under the Daegu District Court’s receipt No. 121586 by the Daegu District Court on July 27, 2016 with respect to the real estate listed in the separate sheet owned by the Deceased (hereinafter “instant land”) on the ground of the donation from July 27, 2016, as to each of the Defendant B, C, D, Selection F, and G (hereinafter “instant transfer”), and Defendant C terminated the registration of ownership transfer (hereinafter “instant transfer”) on the ground of the donation on the same day (hereinafter “instant donation”) on December 31, 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. Determination
A. First, we examine whether the Plaintiff, on July 27, 2016, donated 1/5 shares out of the instant land from the Deceased and title trusted the said shares to Defendant C.
The following facts or circumstances, which can be known by comprehensively taking account of the facts acknowledged under Paragraph (1) and the overall purport of the pleadings, are as follows: (i) the Deceased, Defendant B, D, Selection F, and G on August 14, 2016, following the completion of the registration of ownership transfer on the ground of donation in the Defendant B, C, D, Selection F, and G; (ii) “one-five of the shares in the instant land C shall be used for the Plaintiff’s livelihood and old age, and shall be managed by Defendant D” (hereinafter “instant written confirmation”); and (iii) the Defendant C also prepared a written confirmation stating that “The shares in the instant land shall be used for the Plaintiff’s livelihood and old age, and shall be managed by Defendant D” on August 14, 2016.