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(영문) 청주지방법원충주지원 2019.10.18 2018가단23677

소유권말소등기

Text

1. The plaintiff

A. The Defendants are the Cheongju District Court with respect to each share of 1/4 of the real estate listed in the separate sheet.

Reasons

Basic Facts

A. F had produced the Plaintiff between G date B and the Plaintiff on January 29, 2009, and reported marriage with B on January 29, 2009, but was divorced in around 2012, and died on February 11, 2018, the Plaintiff is the only statutory heir of F.

The defendants are siblings of F. F.

B. On April 27, 2009, F completed the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”). Of the instant real estate, F completed the registration of ownership transfer with respect to 3/4 of the instant real estate as the receipt No. 6190 on February 8, 2018 for the reason of sale as of February 8, 2018.

(1/4 shares in each of the defendants).

F previously entered into an insurance contract with H Co., Ltd., I, J Co., Ltd., and the insured as F, and the beneficiary of each of the above insurance was changed from the legal heir to the Defendant E.

As F died on February 11, 2018, Defendant E received death benefit of KRW 85,014,360,000 in total, including KRW 20,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

[Reasons for Recognition] Facts without dispute, Gap 1-6, 10, 11 and 12, and the purport of the whole pleadings.

The Plaintiff asserted by the parties to the judgment on the claim for cancellation of ownership transfer registration against the Defendants. The sales contract concluded on February 8, 2018 between the Defendants and F with respect to the portion of 3/4 of the instant real estate was concluded three days prior to the death of F. Therefore, F’s failure to sign and seal the sales contract or failure to reach the F’s genuine intent is null and void. Even if the said sales contract is valid, even if the purchase price was not paid at all, the Plaintiff asserted that the said sales contract was rescinded due to delay in performance, and sought implementation of the procedure for cancellation of ownership transfer registration.

The defendants are subject to the procedure of ownership transfer registration according to F's genuine intent.