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(영문) 서울고등법원 2017.04.14 2016나2015042

소유권말소등기

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1. Revocation of the first instance judgment.

The Defendants shall pay to the Plaintiff each share of 2/147 on each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. The status of the parties (1) H had seven ancillarys including the Defendants between J and the Defendants, a legal spouse, and thereafter had the Plaintiff and L between K.

(2) Upon consultation on the designation of a custodian and parental authority between H and K, K exercises its parental authority and parental authority over the Plaintiff.

B. On August 5, 2012, the Plaintiff and H filed a lawsuit seeking ownership transfer registration and deposit return deposited in the Yeonsu-gu Incheon Metropolitan City Agricultural Cooperative (hereinafter “O commercial building”) with H on the basis of the certificate of H on August 5, 2012, asserting that H made a donation (hereinafter “the lawsuit”).

On August 13, 2013, a compromise was established between the Plaintiff and H with the purport that “H transfers the ownership of the O commercial building to the Plaintiff and pays KRW 100 million.”

C. On August 30, 2013, H’s donation (1) made to the Defendants of H, “The Plaintiff donated O commercial buildings, etc. to the Plaintiff through the outcome of the foregoing preceding lawsuit, and in consideration of the distribution of inherited property, H drafted a written confirmation to the effect that “The Plaintiff and seven daughters, including the Defendants, donate the remainder of the property” (hereinafter “instant confirmation”) was written, and on September 2, 2013, a notary public drafted a written confirmation as 1011, 2013.

(2) Since then, the Defendants and S completed each registration of transfer of ownership on November 27, 2013 with respect to each 1/7 share of each of the respective real estate listed in the separate sheet as follows: Seocheon Registry of Incheon District Court on November 29, 2013, received on November 29, 2013.

(hereinafter “each registration of ownership transfer of this case”) D.

H A Around February 25, 2015, while the trial of the first instance was in progress, died (hereinafter “H”), and the 9 children, including the Plaintiff and the Defendants, and the J, the spouse inherited the deceased’s property.

[Grounds for Recognition: Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 5, the purport of the whole pleadings].