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(영문) 인천지방법원 2015.05.12 2014가단48223
소유권이전등기말소등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

On December 27, 2011, the network E (hereinafter referred to as “the deceased”) completed the registration of ownership transfer on the ground of sale as of October 4, 201 to Defendant C, who is a woman of the deceased (here’s wife F’s wife) with respect to the real estate (hereinafter “the instant real estate”). However, the sales contract submitted at the time of application for ownership transfer includes the purchase price of the instant real estate in KRW 95,00,000.

Defendant C completed the registration of ownership transfer on February 7, 2014 to Defendant D on the ground of sale on November 27, 2013.

On February 7, 2014, Defendant D registered the establishment of a collateral security interest with regard to the instant real estate as Defendant National Bank Co., Ltd., and with the maximum debt amount of KRW 54,00,000.

The Deceased died on March 6, 2012, and the Plaintiffs, F, and G, who were their children, succeeded to E each of 1/4 shares.

[Ground of recognition] The facts without dispute, Gap 1 through 6 (including each number, hereinafter the same shall apply), and defendant C's assertion of the parties to the whole purport of the pleading are invalid since the real estate of this case was not purchased from the deceased.

Since Defendant D did not purchase the instant real estate from Defendant C, Defendant D’s transfer of ownership is null and void.

Since the Plaintiffs succeeded to one-fourth shares of each of the instant real estate, Defendant C and D are obligated to cancel the registration of transfer of ownership as stated in each claim within the scope of each of the instant real estate, and since the establishment registration of a new mortgage is also null and void, Defendant C and D are obligated to express their consent on the registration of cancellation.

Defendant C and D’s assertion that the deceased is the F’s own consideration, the costs of the deceased’s acquisition of ownership of the instant real estate from H, the costs of the deceased’s future care, and the instant real estate to Defendant C, who is a F’s father.

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