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(영문) 서울중앙지방법원 2018.09.14 2017가단5114040
소유권이전등기말소 등 청구의 소
Text

1. Defendant B is due to the Plaintiff’s restoration of title with respect to the portion of 2/11 out of the real estate indicated in the attached list.

Reasons

1. The real estate listed in the separate list of basic facts (hereinafter “the apartment of this case”) was owned by the network D (hereinafter “the network”). On March 31, 2017, the Seoul Central District Court’s receipt of the registration No. 58369, Mar. 30, 2017, and the registration of ownership transfer was completed in Defendant B’s future on the ground that the donation was made on March 30, 2017.

around November 2016, the Deceased borrowed KRW 366,807,771 from E Co., Ltd. (hereinafter “E”) as collateral and paid KRW 366,80,000 among them on November 4, 2016 to Defendant C.

On April 26, 2017, the Deceased died, and his heir is the spouse F, the Plaintiff who is his spouse, the Defendants, and G.

[Ground of recognition] Facts without dispute, the whole documentary evidence, witness F and some of G testimonys, medical record appraisal results (H), the purport of the whole pleadings

2. Determination

A. As to the Plaintiff’s claim for the transfer registration of ownership against Defendant B, the Deceased was hospitalized in the International Hospital Central Patients’ Office around March 30, 2017 to March 31, 2017 (A, the medical record appraisal result (H), and the purport of the entire pleadings). According to the above facts, the transfer registration of ownership in the name of Defendant B on the instant apartment is deemed as the registration invalidation that was made in the status of the deceased’s office capacity. Accordingly, the instant apartment falls under the inherited property, and the Plaintiff has a 2/11 shares in inheritance. Defendant B is obligated to implement the transfer registration procedure on the ground of the transfer registration on the part of 2/11 shares in the instant apartment among the instant apartment.2) Defendant B’s claim as to the instant apartment is based on the title trust by Defendant B’s husband F, who is the husband of the deceased.

On March 2017, F had the Defendants donate the apartment of this case, and completed the registration of ownership transfer in Defendant B. This is the title trust from the deceased to F for convenience.

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