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(영문) 서울중앙지방법원 2019.05.01 2016가합554285

소유권말소등기

Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. The deceased D (hereinafter “the deceased”) died on March 26, 2015. The deceased’s property heir, who is the deceased’s spouse, is the headnam F, the South Korean Plaintiff, the South South Korean Defendant B, the South Korean Defendant C, the Defendant C, and his/her daughter G (hereinafter “instant heir”).

B. At the time of the death of the deceased, there were deposit claims of KRW 450,522,474 in total against the real estate and H as stated in the attached Tables 1 and 2 of the attached Table 3 as active inherited property, and there was no inheritance obligation.

C. The real estate listed in paragraph 3 of the attached list 3 was lost because it was owned by the deceased, and each real estate listed in paragraphs 4 through 28 of the same list was owned by the deceased, and the Plaintiff’s spouse, children, and the Defendants, F, or their children were transferred to the Plaintiff’s spouse or children on the ground of donation before the deceased’s death.

Each real estate listed in the separate sheet Nos. 4 through 6 (the above land is included in the real estate listed in the separate sheet No. 13 through 28 of the annexed sheet No. 3, which was acquired in the name of the deceased and donated to F; hereinafter referred to as "I forest land"; excluding the shares donated to F by the deceased to F; hereinafter referred to as "I forest land") is a real estate for which the registration of ownership transfer has been made under each joint name of the Defendants and F (the annexed list Nos. 6 No. 1 is registered as the joint ownership by the Plaintiff, Defendant B, and J), and each real estate listed in the annexed sheet No. 7 (hereinafter referred to as "I forest land") is a real estate for which the registration of ownership transfer has been made under the separate name of the Defendants and F, G, and the single name of K, the husband of

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 4 through 10, 20 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Judgment as to the main claim

A. The Plaintiff’s assertion that IB land and IIB real estate were purchased by the Deceased and conducted a three-party title trust among the Defendants, F, and G, and the Plaintiff is the deceased’s owner.