(영문) 서울북부지방법원 2015.11.27 2015나2490

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(영문) 서울북부지방법원 2015.11.27 2015나2490

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1. The plaintiff's main claim that is changed in exchange at the trial is dismissed.

2. Preliminary claim:

Reasons

1. Basic facts

A. The Plaintiff is an infant of the deceased C (hereinafter “the deceased”) who is the former owner of the real estate listed in the attached list (hereinafter “the instant real estate”). The Defendant is the deceased’s spouse.

B. On June 18, 2013, the Deceased donated the instant real estate to the Defendant (hereinafter “instant gift contract”) and the ownership transfer registration was completed in the name of the Defendant on July 15, 2013.

C. On July 16, 2013, the Deceased died. The deceased’s heir is the Plaintiff, H, and I, who is a child between the Defendant, the Deceased, and the Defendant, who is his/her spouse, and between the Deceased and G (Divorce between the Deceased and the Deceased on May 12, 2003).

【Ground for recognition】 The fact that there has been no dispute, each entry of Gap 1 through 7 (including virtual numbers) and the purport of the whole pleading

2. The plaintiff's assertion

A. In the primary claim, the Defendant is obligated to perform the procedure for cancellation of ownership transfer registration as to the remaining co-ownership share 12/15, excluding the Defendant’s co-ownership share 3/15 of the instant real estate, as the preservation act of the property, because there is concern about the dispute over the inherited property between the two children, including the Plaintiff, after the death of the deceased, by arbitrarily preparing a donation contract in the name of the deceased and completing the registration of ownership transfer concerning the instant real estate

B. Preliminary claim is the preliminary claim, even if the contract of this case was valid, the defendant violated the plaintiff's legal reserve of inheritance, and thus the plaintiff is obligated to perform the registration procedure for transfer of ownership on the ground of the plaintiff's 1/15 share of the real estate of this case.

3. Determination

A. In full view of the record of evidence No. 1 and the purport of the entire pleading in the testimony of witness E of the first instance trial, the deceased acknowledged that he/she expressed his/her intent to donate the instant real estate to the Defendant on June 19, 2013, and otherwise, the statement of evidence No. 9 alone is sufficient.

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