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(영문) 서울고등법원 2015.06.26 2014나2048529
소유권말소등기
Text

1. Revocation of the first instance judgment.

The defendant shall apply to each real estate listed in the attached list to the plaintiff.

Reasons

Basic Facts

The plaintiff has the defendant, the South-North D, the women B (the special representative of the plaintiff), 3 South-North, and the female F as his child between the deceased P (the deceased on March 5, 1998) and the deceased P (the deceased on March 5, 1998).

E and F, as Seoul Southern District Court 2014Kag262, the Plaintiff was the principal of the case, and the principal of the case is the Plaintiff as to the real estate indicated in the separate sheet against the Defendant (hereinafter referred to as “instant real estate” by aggregating both the land and buildings; and if the land and buildings are divided into two parts, the instant land or the instant building is hereinafter referred to as “instant building”).

In filing a claim for cancellation of ownership transfer registration under the name of the defendant, the special representative of the principal of the case was sought.

Accordingly, on April 30, 2014, the above court decided to appoint B as a special representative of the principal of the case.

On the other hand, on August 1, 2014, at the request of B, the Family Court of Seoul Family Court of 2014Ra845 started adult guardianship for the Plaintiff.

The will document on the instant real estate and the registration of ownership transfer under the name of the defendant were completed in the original name of the plaintiff.

On September 27, 2007, the Plaintiff drafted a testamentary document with a content of a testamentary gift of 1/4 of each of the instant buildings to D and B, and 2/4 of each of the instant buildings to F.

On July 8, 2013, between the Plaintiff and the Defendant, the gift contract on the instant real estate and the registration of ownership transfer under the name of the Defendant entered into an agreement to donate the instant real estate to the Defendant, who is the Plaintiff’s owner, and the Defendant, and the Defendant accepted the agreement (hereinafter “instant gift agreement”).

Accordingly, on July 8, 2013, the registration of transfer of ownership (hereinafter “the registration of transfer of ownership”) was completed in the name of the defendant on the grounds of donation on July 5, 2013 on the instant real estate on July 8, 2013.

'. [Grounds for Recognition] without dispute, Gap evidence 1-1, 2, Gap evidence 2, and Gap.

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