소유권말소등기
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The instant apartment was originally owned by the deceased C (hereinafter “the deceased”). The Defendant completed the registration of ownership transfer on October 27, 2015 with respect to the said apartment as the Incheon District Court’s registration and the receipt of No. 136212 on November 5, 2015.
B. The Deceased died on November 23, 2015, and the Deceased’s heir is the Plaintiff, D, E, and F, who is his/her child.
C. The defendant is the heir E of the deceased.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 7, 11 through 15, Eul evidence 13 to 15, witness G testimony and the purport of the whole pleadings
2. The plaintiff's assertion
A. The deceased did not have donated the apartment of this case to the defendant.
(A) Around that time, there was a loss of mental capacity due to lung cancer, etc.
Nevertheless, E and the defendant completed the registration of transfer of ownership due to donation under the name of the defendant with respect to the apartment of this case, which had the seal impression of the deceased and other documents necessary for the transfer of ownership. This is null and void as it was made regardless of the will of the deceased.
C. Therefore, the Defendant is obligated to implement the procedure for registration of cancellation of ownership transfer registration with respect to the apartment of this case.
3. The judgment of the defendant is difficult to recognize the fact that the deceased completed the registration of ownership transfer of the apartment of this case with respect to whether he had no mental capacity of the deceased at the time of receiving the registration of ownership transfer from the deceased. Rather, in full view of the entries in the evidence Nos. 1 through 23 (including the number of pages attached) and the whole purport of the pleadings in the witness G testimony, the deceased donated the above apartment to the defendant at his own will, and accordingly, it can be recognized that the registration of ownership transfer was completed in the name of the defendant.