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Reasons
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(영문) 서울북부지방법원 2017.08.22 2016나33262 (1)
소유권이전등기말소등기
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1. The part concerning Defendant B among the ancillary claims of the first instance court is modified as follows:

Reasons

1. In the first instance court, the Plaintiff sought the cancellation registration procedure against the Defendants on the grounds that the registration of ownership transfer in the name of the Defendants is null and void, and sought the return of the preliminary reserve of inheritance. The court of first instance dismissed the Plaintiff’s primary claim and partly accepted the preliminary claim.

As the Defendants appealed, the subject of this Court’s trial is limited to the cited conjunctive claim.

2. Facts of recognition;

A. Defendant B completed the registration of transfer of ownership due to the gift made on May 2, 2008 by the receipt of No. 7883, May 2, 2008, as to each real estate listed in [Attachment D] No. 1 to 14 (the total market price of KRW 89,026,048 at the time of the commencement of the inheritance D) owned by D from D on May 16, 2008.

B. On May 16, 2008, Defendant C completed the registration of transfer of ownership based on each of the real estate listed in the separate sheet No. 1 (total market price of 88,963,824 won at the time of the commencement of the inheritance) owned by his father E from his father on May 16, 2008, as the receipt No. 7882, May 2, 2008, respectively.

C. Defendant B received KRW 91,00,000 in cash from E in around 2008, and Defendant C received KRW 200,000 in cash from E in around 2008.

E died on January 4, 2012, and the heir was the Plaintiff, the Defendants, D, and F.

E owned each real estate listed in the attached list No. 2 at the time of the commencement of the inheritance, and the market value at the time of the commencement of the inheritance was a total of KRW 169,160 [1/2 shares (3,920 won) out of KRW 1/2 shares (165,240 won) out of KRW 108 square meters (1/2 shares (165,240 won) out of KRW 108 square meters

E.F died on March 23, 2013 in the state where no spouse or lineal descendant exists, and there was no property owned other than inheritance shares in E’s inherited property.

F. D was killed on October 17, 2013 in a state where no spouse or lineal descendant exists.

D shall be the market price at the time of commencement of each real estate listed in the attached Table 3 at the time of death.

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