소유권이전등기말소 등
1. Of the judgment of the court of first instance, the part against the defendant (excluding the part that became final and conclusive by a judgment of remanded case) is remanded.
1. The progress of the lawsuit of this case and the scope of the trial of this court
A. The process of litigation 1) The deceased E (hereinafter “the deceased”).
A) On February 13, 2009, five children jointly inherited their property as indicated in the table below. Plaintiff A, 1, a male male (maynam) of 1957, a male (maynam) of 1960, a male (maynam) of 1960, the Busan High Court, 2017Na131, the co-Plaintiff C, B, 1963, and C, 1964, G 5 G 1967, the Busan High Court, 2017Na131, the Plaintiff 2) registered the ownership transfer of each real estate listed in the list 1, paragraph 1, paragraphs 1, through 4, attached to the deceased, for reasons of donation on October 11, 206, and each of the real estate listed in the list 1, 1957, owned by the deceased. < Amended by Act No. 3787, Mar. 13, 2013>
3) At the time of death, there was no obligation against the Deceased. 4) The Plaintiffs filed the primary claim against the Defendant and the co-defendant D (hereinafter “D”) at the Ulsan District Court Decision 2010Kahap1094, as follows: (a) the Defendant and the Defendant’s spouse; (b) the primary claim and the primary and secondary conjunctive claim against the Defendant and the Defendant’s spouse.
[Preliminary Claim and First Preliminary Claim] (1) Donation and testamentary gift to the deceased against the defendant shall be null and void due to the alteration of the documents related to the defendant's work ability under the status of the deceased. Thus, the defendant is obligated to cancel the registration of transfer of ownership in the name of the defendant as to each real estate listed in the
Even if the gift and testamentary gift are not null and void, since it constitutes an infringement of the plaintiffs' share of inheritance, the defendant is obligated to complete the registration of transfer of ownership with respect to each share of 1/5 of the plaintiffs' share of inheritance among each real estate listed in the separate sheet
② Defendant and D have embezzled cash and property of the deceased in KRW 11,417,00,00, and real estate disposal proceeds and operating profits of funeral business.