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(영문) 의정부지방법원 2017.09.06 2016가합54831

소유권말소등기

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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 13, 2015, the Plaintiff, the Plaintiff owned on May 13, 2015, donated 4/10 of each of the shares to Defendant B, the Plaintiff, the Plaintiff, (hereinafter “instant donation contract”), ① F (H in Yangyang-si, Nam-si, Namyang-si) and ② G (road name address: H in Nam-si, Namyang-si), 1379 square meters (hereinafter the above; ② the combination of land; ② the instant land was “instant land”; ④ the housing and warehouse (hereinafter the “instant housing”); ④ the Plaintiff donated 6/10 of each share to Defendant B, the Plaintiff, the Plaintiff owned on May 14, 2015 (hereinafter the “instant donation contract”); and on May 14, 2015, the registration of ownership transfer was received under the name of J as to each of the instant shares; and on each of the remaining shares under Defendant B’s name as to Defendant B’s 6/10 on May 14, 2015.

B. Since then, the J died on April 2016, and the wife of the Defendant C, D, and E inherited 4/10 of each of the instant land owned by the deceased J as co-inheritors on August 16, 2016, and completed the registration of transfer of J’s entire shares under the name of Defendant C, D, and E as to 6/45 of each of the instant land under the name of Defendant B, as to 45 of each of the instant land under the name of Defendant C, D, and E, respectively, as to 4/45 of each of the instant land. < Amended by Act No. 82495, Apr. 27, 2016>

C. Meanwhile, the Plaintiff’s husband died on or around March 2015, and the Plaintiff’s children were women L, South-North M, South-North W, J, N of the tea, and third children’sO.

【Ground of recognition】 The fact that there is no dispute, Gap Nos. 1, 2, Eul Nos. 1 and 3 (including Serials), the purport of the whole pleadings

2. Determination as to the defendants' main defense

A. The Defendants’ principal defense defense lawsuit does not bring the Plaintiff’s petition, but is brought against the Plaintiff’s intent by the deceasedJ, without the Plaintiff’s consent or against the Plaintiff’s intent, and delegated the Plaintiff’s power of attorney to the Plaintiff’s attorney.