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(영문) 서울중앙지방법원 2016.12.28 2015가합567307
소유권말소등기
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

Basic Facts

F is a person operating company G (hereinafter referred to as “G”), and Plaintiff A is a child by marriage with F’s H and having Plaintiff B, C, and D, and the Defendant is a F’s father.

Each real estate of this case was originally owned by F. He completed the registration of ownership transfer due to donation on April 27, 2006, and H died on September 8, 2009, and the plaintiffs, who are legal successors, completed the registration of ownership transfer due to inheritance on March 18, 2010.

On October 19, 2011, F filed a lawsuit against the Plaintiffs for the registration of transfer of ownership on the ground of termination of title trust (hereinafter “instant conciliation”) with the Seoul Central District Court 201Gahap109758, stating that it was not a donation of each of the instant real estate to H, and that it was a title trust rather than a donation of each of the instant real estate. In the instant lawsuit, the voluntary conciliation was established on April 5, 2012 (hereinafter “instant conciliation”). The main contents of the instant conciliation are as follows.

2. As to each of the instant real property and buildings newly constructed on the instant real property, the I large 2,281 square meters and its ground:

A. The plaintiffs confirmed that each of the above real estate was a property prepared with F’s prior aid, and that it was a property established by F.

C. Unless the F’s consent is obtained, Plaintiff A shall not dispose of each of the above real estate until all three children (Plaintiff B, C, and D) become adults, and shall return to F the value of each disposed real estate (the average of the appraised values of two appraisal agencies) where the violation is committed; and

D. Until all plaintiffs B, C, and D become adults, F shall decide to manage the lease, etc. of each of the above real estate, and the plaintiffs A shall actively cooperate with F;

E.F is responsible for each rearing cost until the Plaintiff B, C, and D becomes an adult.

On March 30, 2013, the Plaintiffs entered into a sales contract with the Defendant to sell each of the instant real estate in KRW 5,570,000 (hereinafter “instant sales contract”) and pay the said price.

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