beta
(영문) 서울서부지방법원 2018.02.01 2017가합32503

소유권말소등기 등

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts below the basis of facts are either in dispute between the parties or in accordance with Gap evidence 1 to 3, Eul evidence 1 to 7, Eul evidence 1 to 1, and the whole purport of the pleadings.

The network H died on August 14, 1973, and Nonparty I is the spouse of the network H, and the Plaintiffs are their children.

B. On December 12, 1970, the network H completed the registration of ownership transfer under the name of the network H with respect to each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”). As the network H died on December 21, 2001, the registration of ownership transfer was completed under the name of the deceased I and the Plaintiffs on August 14, 1973 with respect to each of the instant real estate on December 21, 2001.

C. On the other hand, on November 20, 2001, the network I and the plaintiffs entered into a donation agreement with Defendant EA (hereinafter “Defendant EA”) with the content that they would donate each of the instant real estate inherited from the network H (hereinafter “the instant donation agreement”). On December 21, 2001, on each of the instant real estate as to each of the instant real estate, the ownership transfer registration under the name of Defendant EA was completed (Scheon District Court Won Branch Branch Branch Branch Office and received No. 57718, hereinafter “the instant first ownership transfer registration”).

On June 16, 2004, Defendant G entered into a sales contract with Defendant G to sell each of the instant real estate, the ownership transfer registration of which was completed under Defendant G’s name, to KRW 265,00,000,000. On June 28, 2004, Defendant G completed each of the instant real estate transfer registration (Scheon District Court Decision 32206, hereinafter “the second ownership transfer registration”).

2. Judgment as to the main claim

A. The gist of the plaintiffs' assertion is as follows. The plaintiffs are the plaintiffs of this case without any separate registration at the time of their death.