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(영문) 인천지방법원 2014.07.24 2013가합20294
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Plaintiff A is the wife of the deceased J on March 6, 201, and Plaintiff B, C, D, E, F, and the deceased on September 8, 2013 are children of J. Defendant G is the wife of Defendant G, and Defendant H and L are children of K.

B. As to each real estate listed in the separate sheet owned by J, the Incheon District Court: (a) No. 1390, Jan. 13, 201, received on March 6, 201, issued a registration of transfer of ownership in the name of K due to the inheritance by a consultation division on March 6, 201; (b) the registration of transfer of ownership was completed on November 13, 2013 as the receipt of No. 28549, Aug. 10, 2013; and (c) the registration of transfer of ownership in the name of Defendant G, one half shares in the name of Defendant H, and one-half shares in the name of Defendant H, respectively.

C. With respect to the land size of 598 square meters in Incheon, which was owned by J, the Incheon District Court: (a) on January 13, 2012, the Incheon District Court Strengthening Registry of District Court issued a registration of transfer of the Plaintiff A’s ownership on the ground of inheritance by agreement division as of March 6, 2011; (b) on February 15, 2012, the registration of transfer of the ownership under the name of K was completed on February 8, 2012 as of No. 4214, which was received on February 15, 2012; and (c) on November 13, 2013, the registration of transfer of the ownership under the name of Defendant H was completed on the ground of inheritance by agreement division as of August 10, 2013 as the receipt of No. 28551, supra. 2851, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 6-1 to 8, the purport of the whole pleadings

2. The plaintiffs' assertion and judgment

A. The Plaintiffs asserted the rescission of the gift contract: (a) upon the death of J, in inheritance of each of the real estate listed in the separate sheet owned by the Plaintiffs and K, the Plaintiffs donated to K the inheritance shares on each of the real estate listed in the Plaintiffs’ separate sheet on condition that K support the Plaintiff A; (b) after the death of K, the Defendants, the heir of K refused to perform their duty to support the Plaintiff A; and (c) the said gift contract concluded between the Plaintiffs and K was cancelled by the delivery of the duplicate of the instant complaint, the Defendants are listed in the separate sheet to the Plaintiffs.

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