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(영문) 서울중앙지방법원 2015.10.30 2014가합538388

소유권말소등기

Text

1. The plaintiff A's primary claim against the defendants and the plaintiffs' preliminary claim against the defendants are all satisfied.

Reasons

1. Basic facts

A. The relationship 1) the network E (F, death on July 18, 2003) and the network G (Death on April 23, 2008) are married couple, and there are Defendant C, D, joint Defendant H (Partial Judgment on May 20, 2015), a father of the network I (Death on January 25, 1999), the Plaintiff is the husband of the network I, the Plaintiff B, J, and K are children between Plaintiff A and the network I, and L are the children of Defendant C.

B. The registration of ownership transfer was completed in the following order with respect to the instant real estate prior to the ownership transfer of the instant real estate.

1) On October 4, 1989, the registration of transfer of ownership was completed on the ground of “the sale made on October 4, 1989,” under the name of the Plaintiff A (E), and the registration of transfer of ownership was completed on the ground of “the sale made on May 1, 199 (hereinafter “the sale made on July 2, 199”) in the name of “E,” and on July 2, 199, the registration of transfer of ownership was completed in sequence on April 24, 2003 with respect to each 1/3 portion in the name of the Defendants and co-defendant H as to each 1/3 portion in the name of “the donation made on April 23, 2003,” and among which, on December 13, 2013, the registration of transfer of ownership was completed on the part of Co-Defendant H 1/3 share made on September 15, 2013 under the name of the Defendant C.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 5 evidence (including additional number; hereinafter the same shall apply), purport of whole pleadings

2. Judgment as to Plaintiff A’s primary claim

A. The Plaintiff’s assertion 1) Plaintiff A’s assertion that the first transfer registration of ownership transfer is false as it was completed by the instant sales contract, which is the most trade concluded between Plaintiff A and E, in order to avoid the obligation to refund the deposit to the lessees residing in the instant real estate. As the Defendants, E’ children, are aware of such circumstances and completed the registration of ownership transfer in sequence 2 and 3, the registration of ownership transfer is eventually called “each of the instant ownership transfer registration”.