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(영문) 서울중앙지방법원 2012.04.20 2011가합39804
소유권이전등기
Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiffs’ status and family relationship H (Death on May 24, 1981) were the owners of each real estate listed in the separate sheet, which served as the basis for the establishment of the Defendant Foundation (hereinafter “instant real estate”).

H There are father I and mother J, and H H’s siblings consisting of South-Nam, South-Nam L, 3 South-North M, South-North M, women N, Ha, 4 South-North H, 3 women P, 5 South Q.

N of girls and girls N, 4 South O, 3 women P, and 5 South Q are not unmarried, and R, S, T, and U are children of South Korea and there are no descendants of their children.

The South-Nam L has V, W, X, and Y with their children, among them, Y is married with the Plaintiff and there is Plaintiff B, C, D, E, and F with their children, and there is no descendants from V, W, and X.

3 South M have Z, AA, AB, AC, AD, AE, AF, AG, AA, AH, and AI for their children.

H was diagnosed at the end of the end of February 1980, and was hospitalized in the Systro of the New Generation School Systum Hospital on February 1981, but died on May 24, 1981.

At the time, H’s parents and 2 South L and Y, their children, were dead, and the rest of Plaintiffs A and their children, who were the wife of Y, were alive.

B. The establishment of the Defendant Foundation and the contribution of the instant real estate to H was established on April 27, 1981 by the Defendant Foundation that made himself the first president of the first president, and on May 7, 1981, H’s property was contributed to the Defendant Foundation.

【Ground for recognition】 The fact that there has been no dispute, and the purport of the whole entries and arguments of Gap's 1 through 4 (if there are virtual numbers, including each number)

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion H was invalid inasmuch as it was in the state of loss of the ability to distinguish things or make decisions due to lack of awareness at the time of formulating the articles of incorporation for the establishment of the Defendant Foundation or contributing the instant real estate to the Defendant Foundation.

The Plaintiffs filed a claim for the cancellation of transfer registration of ownership in the name of the Defendant on the instant real estate, which is null and void as the heir of H.

B. There is no evidence to acknowledge the Plaintiffs’ assertion, and rather, Gap.

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