beta
(영문) 서울고등법원 2017.01.12 2015나2037403

소유권말소등기

Text

1. The plaintiff B's appeal and the defendant's appeal are dismissed.

2. The costs of appeal shall be borne by each party.

3. Judgment of the first instance.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: "The plaintiff Gap's claim for monetary payment of KRW 200 million was excluded from the scope of the court's trial; the plaintiff's claim for monetary payment of KRW 200 million is excluded from the scope of the court's trial; the plaintiff's claim for monetary payment of KRW 100 million is excluded from the scope of the court's trial; the plaintiff's claim for monetary payment of this case is as stated in the 4th through 3th of the court's decision of the first instance court; the plaintiff's statement in the 6th of the 4th of the court's decision of the first instance and 7th of the 6th of the 6th court's decision was deleted; and the plaintiff's statement in the 1, 9th of the 6th and 10th of the 6th of the 6th court's judgment and the statement in the 110th of the 1th court's judgment and the 4th of the 10th court's judgment are deleted.

2. In full view of the overall purport of the pleadings in the part after completion of the trial on the Plaintiff B’s claim, “B.” Nos. 6, 8, 11 (including each number if there are serial numbers), Eul’s evidence Nos. 9 and 15, and witness F of the first instance trial, D distributed real estate subject to inheritance to F and his/her family members in the form of birth donation or testament authentication, etc. around 2006 to 207, he/she was under his/her own disease, and at this time there was no real estate distributed to the Plaintiff B, who was the wife, (the Plaintiff owned Q land from around 2004, and the building was registered for preservation of ownership in the Plaintiff’s name in 207).

However, most of the above cash assets are used as tax expenses, etc. related to inheritance tax, gift tax and inheritance to be borne by F, Plaintiff A, and Defendant, and R from October 2006, which was the lessee of each of the instant real estate since D’s death before D’s death.