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(영문) 청주지방법원 2018.02.23 2015나1940
소유권이전등기말소
Text

1. The Court shall include the Plaintiff’s primary claim and the conjunctive claim, as added by this Court.

Reasons

1. Basic facts ① The Plaintiff’s assistance and the Defendant’s reference (hereinafter “the deceased”) donated each of the instant land to the Defendant on February 1, 1995, F land of each of the instant land, and C land on February 21, 1995, D land, and E.

② On January 30, 2007, the Deceased donated each of the instant lands to the Plaintiff and prepared a notarial deed on this.

③ As to each of the instant lands on November 12, 2007, the Defendant completed the registration of ownership transfer pursuant to the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 7500, hereinafter “Special Measures Act”), which was enforced at the time, due to the donation on February 1, 1995 or February 21, 1995, as set forth in paragraph (1).

④ The Deceased died on November 18, 2012.

Before the death of the deceased, T, the deceased’s spouse, was deceased, and U, S, N, V, and the Defendant were his children at the time of the death of the deceased.

The plaintiff is S's person.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 3, Gap evidence 2-1 to 7, Gap evidence 3-1 to 4, Eul evidence 1, and the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. (1) On January 30, 2007, the deceased demanded to discharge the procedure for ownership transfer registration, the deceased donated each of the instant lands to the Plaintiff, and the notarial deed prepared on the same day constitutes a testamentary gift as to each of the instant lands.

Therefore, the Deceased is obligated to implement the procedure for the transfer of ownership on January 30, 2007 or on November 18, 2012, where the Deceased died, to the Plaintiff on each of the instant land.

However, as one of the co-inheritorss of the deceased, the Defendant succeeded to the obligation of the deceased to perform the above procedure for ownership transfer registration. At present, as the sole owner of each of the lands of this case, other co-inheritors do not have the obligation to perform the procedure for ownership transfer registration. Thus, the Plaintiff should perform the procedure for ownership transfer registration on the whole of each of the lands of this

(2) Claim for damages.

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