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(영문) 서울동부지방법원 2017.09.20 2014가합110578
소유권말소등기
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. The principal lawsuit and counterclaim.

Reasons

1. Basic facts

A. The plaintiff and C (hereinafter referred to as "the deceased"), while the plaintiff and the defendant are women between the plaintiff and the mother.

B. The Deceased completed the registration of transfer of ownership of this case on the ground of donation to the Defendant, respectively, as stated in the purport of the claim on May 16, 2006 and September 23, 2009 on the instant real estate owned by him.

C. On October 18, 201, the Deceased died after having left the Plaintiff, a spouse, D, E, F, and Defendant, a spouse, and died.

The Plaintiff filed an application for commencement of limited guardianship with the Defendant on the grounds of mental illness, etc. (Seoul Family Court Decision 2015Ra1549). On November 4, 2016, the said court tried to commence limited guardianship with the Defendant and to appoint the good as a limited guardian. The said judgment became final and conclusive around that time.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-10, 24, the purport of the whole pleadings

2. As to the principal lawsuit

A. 1) The Plaintiff Deceased’s assertion 1) entrusted only the title of registration to the Defendant with respect to the instant real estate. As such, the ownership transfer registration of this case is null and void, and the Deceased was the owner of the instant real estate at the time of death. Accordingly, in response to the Plaintiff’s claim that is a co-inheritors of the instant real estate preserve the jointly-owned property, the Defendant is liable to implement the procedure for the registration of cancellation of the ownership transfer registration of this case (the primary cause of claim). Even if not, the Defendant is liable to implement the procedure for the registration of transfer of ownership on the part of the Defendant’s inheritance of 3/11 shares out of the instant real estate (the primary cause of claim) against the Plaintiff’s assertion, the instant principal lawsuit constitutes a lawsuit for recovery of inheritance, and even if the Defendant’s assertion is based on the Plaintiff’s assertion, the Plaintiff is deemed to have known of the infringement of inheritance rights on October 18, 201. From that time, the period of exclusion under Article 99(2) of the Civil Act shall be made on November 13, 20

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