소유권이전등기말소등기 등 청구의 소
1. All appeals filed by the Defendant (Counterclaim Plaintiff) and counterclaim claims filed by this court are dismissed.
2. The total cost of the lawsuit.
1. Basic facts
A. The plaintiff A is the deceased F (hereinafter referred to as the "the deceased"), and the plaintiff B is the deceased's children, and the defendant is the mother of the deceased and the deceased's father.
On the other hand, D and E were co-owners of each of the instant real estate between the mother and the fraud, and the network H is the spouse of Defendant D.
B. On July 3, 1995, the Deceased died due to a traffic accident. On August 14, 1995, the Plaintiff A received KRW 208,098,430 from the I Co., Ltd. insurance money due to the death of the Deceased on August 14, 1995 as the heir and the legal representative of the Plaintiff B (at the time of 12 years of age).
C. On August 14, 1995, the Plaintiff and the Defendant purchased 1/2 of each of the instant real estate from D and E for total purchase price of KRW 187 million, and the down payment of KRW 40 million was made on August 14, 1995, and the remainder payment of KRW 47 million was to be paid on September 20, 1995, and KRW 100 million was to be paid on October 15, 1995 (hereinafter the above sales contract as of August 14, 1995). < Amended by Presidential Decree No. 14835, Oct. 14, 1995; Presidential Decree No. 14870, Oct. 15, 1995>
D. On October 31, 1995, the Plaintiff A and the Defendant respectively completed the ownership transfer registration under the Seoul Eastern District Court No. 59049, Oct. 31, 1995 (hereinafter “1/2 shares in the Defendant’s name”) with respect to each of the respective shares of the instant real estate, as the Seoul Eastern District Court received on October 31, 1995.
[Ground of recognition] Facts without dispute, Gap evidence 1 and 3, Eul evidence 1, Eul evidence 1, fact-finding inquiry results against I Co., Ltd., the purport of the whole pleadings
2. Determination on the main claim
A. The 1st Plaintiffs’ assertion G proposed that the Plaintiff A purchase each of the instant real estate with the deceased’s death benefit, and the title of the registration was jointly owned by the Plaintiff A and the Defendant, respectively, but the Plaintiff B promised to return the shares owned by the Defendant if they were adults.
Accordingly, the Plaintiffs entered into the instant sales contract with D and E, and as to the instant shares.