beta
(영문) 서울고등법원 2009.06.18 2008나96262

소유권이전등기말소

Text

1. Revocation of a judgment of the first instance;

2. The Defendant (Counterclaim Plaintiff) real estate in the attached list No. 1 to the Plaintiff (Counterclaim Defendant).

Reasons

1. The following facts may be found either in dispute between the parties or in the whole statement of evidence Nos. 1, 2, 4, and 6-1, 2, 7, 8-1, 2, 9, 10, 11, 14, 1, 2, 4, 10, and 11.

The deceased F (Death on October 24, 2007) was the owner of each real estate listed in the separate sheet (hereinafter referred to as "each real estate of this case", and the real estate listed in paragraph (1) of the separate sheet among them, and the defendant B is its wife, and the plaintiff and the other defendants are children between the deceased and the defendant B.

B. On April 22, 2005, the Deceased filed a lawsuit against the Plaintiff’s husband and wife in possession of the apartment of this case against the Seoul Central District Court 2005da11798, and the deceased’s litigation capacity was at issue during the course of the lawsuit, the deceased was declared as quasi-incompetent on April 13, 2006, and the Defendant B was appointed as his guardian, and on November 30, 2006, the deceased was sentenced to a favorable judgment by the deceased on November 30, 2006.

C. Upon the plaintiff's appeal, the appellate court (Seoul Central District Court 2006Na28026) revoked the judgment of the first instance court on July 26, 2007 on the ground that the relationship between the deceased and the plaintiff with the loan of use for the apartment of this case was between the deceased and the plaintiff until the deceased's death, and dismissed the deceased's claim. Although the deceased appealed, the appeal (Supreme Court 2007Da619222) was dismissed on November 16, 2007, and the appellate judgment became final and conclusive.

On May 6, 1996, the executor of the will to prepare the Notarial Deed No. 1281 of the real estate law firm of this case on August 12, 2003, the document No. 160 of the No. 1203 of the No. 160 of the No. 1203 of the No. 1203 of the No. 1996 of the No. 1203 of the No. 2003 of the No. 1600 of the No. 16003 of the No. 2003 of the No. 2003 of the No. 2003 of the No. 2003 of the No. 2003 of the No. 2003 of the No. 2003 of the