소유권이전등기
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Basic Facts
The defendant is the wife of the deceased E (hereinafter referred to as the "the deceased"), and the plaintiffs are the children born between the defendant and the deceased.
As the Deceased died on May 9, 2013, around 15:35, the Defendant (the inheritance shares 3/13), the Plaintiffs, and other children of the Deceased, and F and G (the inheritance shares 2/13) jointly inherited the rights and obligations of the Deceased at their respective inheritance shares.
On May 9, 2013, the registration of transfer of the ownership in the name of the defendant on April 30, 2013 as to the co-ownership share of 638.03/2013 (hereinafter “second real estate”) of the real estate listed in the separate sheet No. 1 (hereinafter “first real estate”) and the real estate listed in the separate sheet No. 2 as indicated in the separate sheet No. 2 as to the co-ownership share of the real estate listed in the separate sheet No. 2 as to each of the above real estate was completed, respectively.
(hereinafter “each of the instant cases’ transfer registration”). The Defendant received KRW 282,40,200 as compensation for expropriation on April 16, 2014 as the two real estate was expropriated through consultation at the time of astronomicalan City.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 6, 10, and the purport of the whole pleadings
2. The plaintiffs' assertion
A. At the time of April 30, 2013, the donation, which is the grounds for registration of each transfer of ownership, was made as of April 30, 2013, the deceased was hospitalized in a middle-user room with pre-user cancer, and there was no mental capacity due to the health condition extremely poor.
The registration of transfer of ownership in this case is made voluntarily by G with the consent of the defendant in the absence of the deceased's intention of donation, and is the registration of invalidity of cause.
B. The defendant is obligated to implement the procedure for the registration of ownership transfer for the restoration of the true name with respect to shares in inheritance among the first real estate. ② The defendant is obligated to return the amount equivalent to each inheritance share of the plaintiffs out of the amount received as compensation for expropriation of the second real estate.
3. Determination
A. The registration of ownership transfer has been completed with respect to real estate in the relevant legal doctrine.