소유권이전등기말소 등
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Facts without dispute;
A. F married with Plaintiff A, and was married with Plaintiff B, C, D, and Defendant 3 South and North Korea, and died on July 13, 2013 from the beginning of 2013 to the G convalescent Hospital.
B. On July 22, 2013, the Defendant completed the registration of ownership transfer on the real estate stated in the separate sheet (hereinafter “instant apartment”) due to inheritance due to a division held on July 13, 2013 by Seoul Southern District Court No. 36674, Jul. 22, 2013 (hereinafter “instant apartment”).
C. Meanwhile, Plaintiff A, C, etc. have been residing in the apartment of this case until now.
2. The allegations and judgment of the parties
A. On July 1, 2013, the Defendant issued documents and a certificate of personal seal impression necessary for the registration of transfer of ownership by obtaining a security loan to the Plaintiffs, following the transfer of ownership under the name of the Defendant. On July 13, 2013, the Defendant did not need to register the transfer of ownership under the name of the Defendant as the deceased died.
Nevertheless, without the consent of the plaintiffs, the defendant prepared a written agreement on division of inherited property and completed the registration of transfer of ownership of the apartment of this case. The registration of transfer of ownership is null and void by the registration invalidation.
B) Even if the registration of ownership transfer of the instant apartment cannot be deemed null and void, the Defendant asserts that the Plaintiff would bear hospital expenses and funeral expenses of the deceased and gather the Plaintiff A who is a mother, and that the Plaintiff gave consent thereto and deliver the documents for the registration of ownership transfer. Since the Defendant did not gather the Plaintiff A, it is revoked that the Defendant would make the registration of ownership transfer of the instant apartment under the Defendant’s sole name. Therefore, the Defendant is obligated to cancel the registration of ownership transfer with respect to the Plaintiffs’ inheritance shares among the instant apartment.
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