beta
(영문) 서울중앙지방법원 2018.02.07 2016가합560136

소유권이전등기

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs and the defendant are children E (Death of April 23, 2003) and F (Death of December 11, 2006).

B. At the time of death, F had each real estate listed in the annexed real estate list in its name.

C. Defendant C established the Defendant Foundation on June 7, 2007.

Defendant C completed the registration of ownership transfer on December 11, 2006 with respect to each real estate listed in the annexed real estate list on June 11, 2007 due to inheritance by consultation and division on December 11, 2006, and completed the registration of ownership transfer on June 11, 2007 with respect to each real estate listed in the annexed real estate list on June 7, 2007.

E. On May 8, 2012, Defendant C completed the registration of transfer of ownership based on the division of property on January 11, 2012 to G, the former wife on May 8, 2012.

[Ground of recognition] Facts without dispute, Gap 1 through 8 evidence, Eul 2 evidence, the purport of the whole pleadings

2. The Plaintiffs’ assertion will have the Plaintiffs and Defendant C use all the real estate listed in the attached real estate list for public works. Defendant C promised to use each of the above real estate for public works, and the Plaintiffs agreed to divide the inherited property that transferred the ownership of each of the above real estate to Defendant C.

However, Defendant C did not use the rental proceeds of the real estate in attached Forms 1, 2, and 3 that was donated to Defendant C to Defendant Foundation for public works; ② did not donate the real estate in attached Forms 4, 5, and 6 to Defendant Foundation; ③ was intended to dispose of the real estate in attached Forms 1, 2, and 3 by transferring Defendant Foundation.

Therefore, in the first place, the Plaintiffs’ agreement on the division of inherited property shall be revoked on the grounds that Defendant C deceivings the Plaintiffs and acquired each of the above real property, seeking the restoration of the property corresponding to the inheritance shares to the Defendants, and in the second place, the agreement on the division of inherited property between the Plaintiffs and the Defendant C constitutes an onerous donation, and thus, the Plaintiffs did not perform the obligation to pay.