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(영문) 부산지방법원 2018.06.22 2017가단302819

유류분반환청구

Text

1. The defendant shall be the plaintiff.

A. As to real estate listed in the attached list 1 and 2, Busan District Court's Busan District Court's Busan District Court's Busan District Court.

Reasons

1. Basic facts

A. On April 22, 2016, the deceased C (hereinafter “the deceased”)’s bereaved family members are the children of the Plaintiff, D, and E, who are the spouse, and D, and E, are the children between the deceased and the Defendant, and the Plaintiff appears to be the children between the deceased and the third party.

B and died after having died.

B. As to each of the real estate listed in the separate sheet (hereinafter “instant real estate”) registered as owned by the deceased, each of the ownership transfer registrations listed in paragraph (1) of the disposition on August 22, 2014 (hereinafter “each of the instant real estate”) was completed in the Defendant’s future on the ground of donation.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 7 (including each number), the purport of the whole pleadings

2. Judgment as to the main claim

A. The Plaintiff’s assertion 1) The Plaintiff asserted that the registration of transfer of ownership of this case was invalid for the following reasons, and filed an objection against the Defendant for cancellation of the registration. (A) Although the Deceased did not have donated the instant real estate to the Defendant, the Defendant’s child E, without being delegated by the Deceased on August 22, 2014, had the Plaintiff’s seal impression certificate and resident registration certificate, and had the deceased’s agent held the deceased’s seal impression certificate as if he were the deceased’s agent, forged the registration-related documents, such as the deceased’s donation contract, proxy certificate, etc., and submitted them to the law firm F, and delegated the registration of each of the instant real estate, and thus the registration of each transfer of ownership of this case was completed based on the forged registration-related documents, and thus the cause invalidation is invalidated.

B) Even if not, the deceased’s office ability family affairs, the deceased entered into a donation contract with the Defendant on the instant real estate with respect to the absence of mental capacity due to dementia.