Text
1. The plaintiff's primary and conjunctive claims are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. C (hereinafter “the deceased”) married with D, set up Plaintiff, E, F, G, Defendant, and H under the chain, and died on June 26, 2009.
B. ① With respect to the real estate listed in paragraph (1) of the Attached List (hereinafter, in the case of the real estate listed in the Attached List, the title transfer registration in the name of the defendant was made on April 10, 198 as of November 8, 198 with respect to the real estate in the Attached List No. 1 (hereinafter, referred to as the “instant real estate”) and on April 10, 198 as of April 22, 198; ② the ownership transfer registration for each one-half share in the name of the defendant and I was made on July 7, 1989 as of August 22, 1989; ③ the ownership transfer registration for the instant three real estate as of May 11, 2005.
1. The registration of ownership transfer (in the case of shares No. 1/2, the ownership transfer in the name of H) in the name of the defendant on the ground of sale, ④ the registration of ownership transfer in the name of the defendant on November 23, 1995 with respect to the real estate No. 4 of this case, and ⑤ the registration of ownership transfer in the name of the defendant on September 22, 2008 (in the case of shares No. 1/2 of the money, the registration of ownership transfer in the name of H) was completed, respectively.
C. Meanwhile, the Plaintiff, F, H, J (E’s husband), and K (H’s husband) trusted the deceased’s property to E, etc. under Busan District Court 201Kahap4608, the deceased claimed that he/she donated or bequeathed the deceased’s property to E, etc., and filed a lawsuit seeking the return of unjust enrichment or the return of legal reserve of inheritance. On November 14, 2013, the above court rendered a judgment to partly accept the claim for the return of legal reserve of inheritance against the Plaintiff, F, and G and dismissed the remainder of the claims, and the Plaintiff, E, etc. is still pending in the appeal court (Seoul High Court 2014Na50505).
[Ground of recognition] Evidence Nos. 1 and 2-1, 2, Evidence No. 3-5, Evidence No. 5, and the purport of the whole pleadings
2. Judgment as to the main claim
A. The plaintiff's assertion (1) all of the real estate of this case was acquired from the deceased's funds, but only the name of the defendant is the name of the registration.