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(영문) 수원지방법원 2021.01.12 2019가단535231
소유권말소등기
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. Of each real estate listed in the separate sheet (hereinafter “each of the instant real estate”), each registration of transfer of ownership (hereinafter “registration of transfer of each of the instant shares”) was completed in the Defendants’ future on May 12, 2017 on the ground of the gift No. 64927 of the Suwon District Court’s registration office, which accepted as of May 12, 2017, as to each of the shares of 1/4 out of the shares of 1/2 shares owned by deceased A (the deceased on May 6, 2020, hereinafter “the Deceased”).

B. The Deceased died on May 6, 2020 while the instant lawsuit was pending, and Plaintiff C, D, E, F, Defendants, and I, the deceased’s spouse, and the deceased’s heir of Plaintiff C, D, E, F, Defendants, and son’s deceased (Death June 26, 1992) were jointly succeeded by Plaintiff G and their children.

In the instant lawsuit, the part of the Defendants’ inheritance of the Deceased was terminated per year due to confusion as a party’s status, and the Plaintiffs taken over the instant lawsuit.

【Fact- without a dispute over the grounds for recognition】 The entry in Gap evidence-1-2-1 and 2- the facts in this court and the purport of the whole pleadings

2. The parties' assertion

A. The Defendants concluded a donation agreement with the Deceased on one-fourth portion of each of the instant real estate (hereinafter “the gift agreement of this case”) by using the network’s mistake that was suspected of causing minor recognition disorder. On April 30, 2019, the deceased expressed his/her intent to cancel the gift agreement of this case on the ground of mistake to the Defendants. As such, the Defendants are obliged to perform the registration procedure for cancellation of each of the instant shares, which is invalid for the Plaintiffs, as the Defendants expressed their intent to cancel the gift agreement of this case on the ground of mistake.

B. The Defendants, in fact, purchased from the Deceased a total of 1/4 shares of each of the instant real estate in KRW 52,00,000, the total of KRW 1/2 shares in each of the instant real estate, but completed the registration of the transfer of each of the instant shares by gifting the grounds for registration in form.

At the time of the conclusion of the instant gift contract, there was no disagreement between the deceased’s internal deliberation and the content of indication.

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