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(영문) 부산지방법원 2017.02.15 2016가합2959
소유권이전등기등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff, the Defendant, C, D, and E are the children of F (hereinafter “the deceased”) who died on April 14, 2013, and G and H are the grandchildren of the deceased (the deceased’s children).

B. On November 15, 1995, the Deceased donated each real estate listed in the separate sheet (hereinafter “instant gift”) (hereinafter “instant gift”) to the Defendant, a South-North Korea, on which November 15, 1995, and completed the ownership transfer registration (hereinafter “instant ownership transfer registration”).

C. On January 23, 2013, prior to the death of the deceased, the Plaintiff filed a lawsuit seeking the cancellation of the instant donation contract and the cancellation of the ownership transfer registration against the Defendant, claiming that “The instant donation contract constitutes an onerous donation contract, and the Defendant neglected to perform his duty to support the deceased, thereby cancelling the instant donation contract.”

(J) Changwon District Court 2013Kahap2418, hereinafter referred to as the “former Office of this case”).

Since then, as the Deceased died on April 14, 2013, the Plaintiff taken over the said lawsuit and changed the part of the claim for cancellation of the ownership transfer registration of this case to seek cancellation according to the inheritance shares. On June 19, 2014, the said court dismissed all the Plaintiff’s claim on the ground that there is no evidence to deem that the deceased and the Defendant agreed on the condition that they were liable to pay.

Therefore, on April 23, 2015, the Plaintiff appealed, but the judgment was rendered that “the part concerning the claim for cancellation of the gift contract is dismissed, and the part concerning the claim for cancellation of the ownership transfer registration of this case is dismissed, and the judgment of the court of first instance is modified as it is the dismissal of the part concerning the claim for cancellation of the ownership transfer registration of this case.” While the Plaintiff appealed, the judgment dismissing the final appeal on August 19, 2015 was rendered.

(Supreme Court Decision 2015Da21260). E.

Meanwhile, the Plaintiff added at the first instance court of the instant previous suit on May 24, 2013 to the claim for the return of the reserve of inheritance (the return of the equivalent value) in preliminary proceedings, but the Plaintiff’s lawsuit was filed on June 3, 2014, which was before the judgment of the first instance court was rendered.

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