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(영문) 서울중앙지방법원 2016.03.18 2015가단5099000
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts may be acknowledged either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1-1-3 and No. 3.

(1) On January 6, 2006, the Plaintiff had been living together with the network D (hereinafter referred to as “the network”) after completing the marriage report, and there is no child under this chain.

See The Defendants are parents of the Deceased.

Secondly, the deceased died on September 8, 2014, and the Defendants, the spouse of the deceased, and the parents of the deceased, jointly succeeded to the deceased.

B. As to the real estate listed in the separate sheet No. 4034, Apr. 12, 2002 (hereinafter “instant real estate”), the registration of ownership transfer of 1/2 shares was completed in the name of the Plaintiff and the Deceased, respectively, on the ground of the sale as of Feb. 26, 2002, as to the real estate listed in the separate sheet No. 1/2 shares in the name of the Plaintiff and the Deceased.

B. As the Plaintiff and the Defendants jointly inherited the deceased’s property, the registration of ownership transfer was completed for each share of 2/14 shares in the name of the Plaintiff on the ground of inheritance as of March 17, 2015, the receipt of No. 20085, Sept. 8, 2014, as of March 17, 2015.

2. Plaintiff’s assertion and judgment thereon

A. The gist of the Plaintiff’s assertion was around February 2002 that the Plaintiff purchased the instant real estate from E with the Plaintiff’s funds.

At that time, the Plaintiff was unable to engage in marriage with the deceased while living together with the deceased. However, the Plaintiff agreed to title trust shares of 1/2 of the instant real estate with the deceased, and completed the registration of ownership transfer in the name of the deceased. The Plaintiff’s complaint is merely a de facto marital relationship with the deceased at the time of purchasing the instant real estate.

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