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(영문) 서울중앙지방법원 2021.03.26 2020가단5207119

소유권이전등기말소

Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Case history

A. The Plaintiff A, Nonparty F, Defendant C, and Plaintiff B were children under the chain of the acquisition and sale of real estate (i.e., the net D and E couple).

D. The Deceased E (hereinafter referred to as the “Death”) completed the registration of the transfer of ownership on June 2, 2003 with respect to the land and building (hereinafter referred to as “G real estate”) of Seodaemun-gu Seoul Metropolitan Government (hereinafter referred to as “G real estate”).

On March 28, 2016, Nonparty H sold G real estate in KRW 546,00,000 and completed the registration of transfer of G real estate on June 13, 2016.

Applicant on April 11, 2016, the deceased purchased from Non-Party I the Seodaemun-gu Seoul Western Building K (hereinafter referred to as the "J Borrowing") from Non-Party I in the amount of KRW 238,00,000, and completed the registration of ownership transfer on May 31, 2016.

B. (i) On June 13, 2016, KRW 157,000,000 was withdrawn from LM account, Inc., Ltd. (hereinafter “M account”) for real estate sales proceeds.

The withdrawn amount was remitted to the Plaintiff A KRW 50,000,000, and KRW 10,000,000 for each of the Defendant B and Nonparty F, and KRW 87,00,00 for each of the Defendant C.

B. 137,00,000 won was withdrawn on June 27, 2016 from the account of Doll Net M.

Of the withdrawn amount, 50,000,000 won was paid to the defendant 50,000,000 won.

Of the withdrawn money, 50,000,000 won was deposited into the N Account of the Deceased (hereinafter referred to as the “N Account”).

Of the withdrawn money, 37,000,000 won was deposited into the deceased’sO (hereinafter “O account”), and 7,000,000 won was withdrawn on the day and deposited into the M account.

Article 25(1) of the Act on the Protection of Civil and Political Rights (hereinafter referred to as the “Act on the Protection of Civil and Political Rights”) was released on October 19, 2016.

Of the withdrawn money, 30,000,000 won was deposited in M account.

KRW 50,000,000 out of the withdrawn amount was paid to the defendant.

(c)

(1) On March 14, 2018, the Defendant deposited KRW 178,000,000 into the deceased’s M account.

The defendant completed the registration of the transfer of ownership on March 14, 2018 with respect to J Borrowing on March 15, 2018. < Amended by Act No. 15104, Mar. 14, 2018>

The Deceased was hospitalized at Q Hospital located in Seodaemun-gu Seoul at the time in Seodaemun-gu, Seoul, for the purpose of the "Franchising and franchising dysium franchising and franchising fat".