(영문) 대구지방법원 2015.08.28 2014나20781

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(영문) 대구지방법원 2015.08.28 2014나20781

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1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On April 27, 2007, the network F succeeded to the Plaintiffs, G (former name H), and the network I, who were their children. The network I died on October 15, 2013, and succeeded to the network I by the Plaintiffs, siblings, and G, and the Defendant’s children.

B. On April 28, 2007, after the death of the deceased F, the Plaintiffs, G, and I agreed on the division of inherited property with the content that I independently inherits the real estate listed in the separate sheet (hereinafter “instant real estate”) that was owned by the deceased F, and accordingly, on August 3, 2007, the ownership transfer registration of the instant real estate was completed in the name of I.

In addition, on August 1, 2007, I and G entered into a sales contract with G to sell the instant real estate in the amount of KRW 81 million (hereinafter “instant sales contract”) and thereafter, G donated the said real estate to the Defendant, who is the child, and the subsequent registration of transfer of ownership was immediately transferred from I to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 5 (including branch numbers, if any) and the purport of the whole pleadings

2. Judgment on the main claim

A. 1) On the premise that the sales contract for the instant real estate was concluded between I and the Defendant due to the cancellation of the sales contract, the Plaintiffs asserted that the Plaintiffs were obligated to cancel the registration of ownership transfer under the name of the Defendant with respect to the instant real estate by serving the copy of the instant complaint, and that the Defendant was obligated to cancel the registration of ownership transfer under the name of the Defendant, who is the deceased I’s heir. (2) However, considering the fact that around August 24, 2007, the Defendant entered the Defendant around August 24, 2007, and appears to have been serving military service, the parties to the sales contract for the instant real estate were based.

As seen in this paragraph, G shall be considered not to be the defendant.

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