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(영문) 부산지방법원 2020.06.18 2019가단314953
소유권이전등기
Text

1. On February 16, 2018, the Defendant donated 3/10 shares of the real estate indicated in the attached list to the Plaintiff.

Reasons

1. Basic facts

A. On October 26, 2017, the registration of ownership transfer was completed in the name of the Defendant on the ground of donation on August 31, 2017, with respect to the real estate recorded in the separate sheet (hereinafter “instant real estate”) registered as the ownership of the deceased C (hereinafter “the deceased”).

B. On December 9, 2018, the deceased, who is the father of the Defendant, died on December 9, 2018, and the father, who is his or her children, and D, who is his or her father and his or her father, jointly succeeded to the shares of 1

C. On February 2018, the Deceased: (a) while the registration of the above real estate in the name of the Defendant was completed at will by the Defendant around February 2, 2018, the Deceased divided 50% of the real estate in the instant case into the Defendant, who is South Korea, and 30% of the said real estate, to the Plaintiff, who is South Korea, and 20% of the said real estate,

2. 16. 16. The deceased promised 30% of the instant real estate as gift cycle to the Plaintiff, and the deceased made a will to the same effect thereafter.

After the death of the deceased, the Defendant paid KRW 20,000,000 to D as compensation equivalent to 20% of the real estate of this case.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Gap evidence 5-1 and 2, witness D's testimony, purport of whole pleading

2. According to the above facts of recognition, the Defendant is obligated to implement the registration procedure for transfer of ownership on February 16, 2018 with respect to 3/10 shares of the instant real estate to the Plaintiff, except in extenuating circumstances.

3. In conclusion, the plaintiff's primary claim of this case is justified and it is so decided as per Disposition.

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