logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원동부지원 2016.04.28 2015가합101459
소유권이전등기
Text

1. On May 26, 2015, the Defendant’s share in 1/13 of the real estate listed in attached Tables 1, 2, and 3 to the Plaintiffs.

Reasons

1. Basic facts

A. D (hereinafter “the deceased”) donated forest land E to the Defendant on September 15, 1973, and completed the registration of ownership transfer on November 7, 1984. However, the forest land was divided as shown in the attached Table 2, and the land category of which was partially changed, became real estate listed in attached Table 4 through 12.

B. On January 20, 1993, the Deceased donated the real estate listed in [Attachment 1 List 3] to the Defendant, and completed the registration of ownership transfer on January 21, 1993, and on February 4, 1999, the Deceased donated the real estate listed in [Attachment 1] Nos. 1 and 2 and completed the registration of ownership transfer on February 8, 199.

C. The Deceased, as his spouse, died on May 19, 2005 with F, children, Plaintiffs, Defendant, G, and H.

On January 13, 2015, the Defendant agreed to sell the real estate listed in attached Tables 4 through 12 between the Busan Urban Corporation and the amount indicated in the “sale Price column” listed in attached Table 2, and completed the registration of ownership transfer to Busan Urban Corporation on January 19, 2015, and received KRW 3,157,515,970 in total from the Busan Urban Corporation around that time.

E. On March 14, 2015, the Defendant paid KRW 30,000,000 in total, and KRW 50,000,000 in total, and KRW 50,00,000 in each of the Plaintiff-B on May 4, 2015, respectively, with the purchase price paid from Busan Urban Corporation.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including branch numbers if there are serial numbers; hereinafter the same shall apply), the fact inquiry results of Busan Urban Corporation and the purport of the whole pleadings

2. Determination

A. As seen earlier, the Plaintiff’s donation to the Defendant, the heir of the deceased, on May 19, 2005, did not have any assertion by the parties as to the fact that the deceased had inherited property at the time of the death of the deceased. Thus, barring any special circumstance, the Plaintiffs, the heir of the deceased, due to donation to the Defendant of the deceased.

arrow