소유권이전등기
1. The plaintiff's primary and conjunctive claims and the plaintiff's claims are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Basic Facts
Plaintiff
A is the wife of the deceased D (hereinafter referred to as “the deceased”), the Plaintiff B is the wife of the deceased, and the Defendant is the mother of the deceased.
The Deceased died on May 11, 2014.
On the other hand, on June 4, 2005, the registration of transfer of ownership was completed on the attached real estate (hereinafter referred to as "the apartment of this case") on the ground of sale as of April 25, 2005.
[Ground of recognition] A without any dispute, entry of Gap Nos. 4, 5, 7, and 11 (including each number of partial headings), and the purport of the whole pleadings is as follows: The deceased who asserted the purport of the whole pleadings shall purchase the apartment of this case from E on June 4, 2005, decide to trust the real estate name to the defendant, and complete the registration of ownership transfer in the name of the defendant.
After that, between the Defendant and the Defendant on October 3, 2013, and the Defendant, upon the death of the Deceased, agreed to complete the registration of ownership transfer on the apartment of this case to the Plaintiff A, and instead, to transfer money to the Defendant by the Deceased and to change the beneficiary name of the insurance contract to the Defendant.
Accordingly, according to the above agreement, the deceased remitted to the deceased respectively KRW 30,227,381 on October 4, 2013, and KRW 9,982,707 on October 10, 2013. On the other hand, the Defendant changed the name of the beneficiary in the life insurance contract entered into by the Defendant to the Defendant, and accordingly, the Defendant received total of KRW 70,184,318 from the above life insurance company (hereinafter “KDB life insurance”) after the deceased died.
Plaintiff
A’s primary claim is that the Plaintiff is obligated to complete the registration of ownership transfer with respect to the instant apartment in accordance with the agreement made on October 3, 2013.
Plaintiff
If the agreement is not acknowledged as of October 3, 2013 in the conjunctive claim of A and the plaintiff B’s claim, it would be obtained without any legal ground from the deceased that the defendant obtained the change of the name of the beneficiary of the money received in return for the above agreement and the chlof life insurance from the deceased. As such, the defendant is from the deceased.