(영문) 대구지방법원 2018.01.17 2016나14742

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(영문) 대구지방법원 2018.01.17 2016나14742

소유권이전등기말소등기

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1. The judgment of the court of first instance is modified as follows.

1 Defendant 1 with respect to each real estate listed in attached Tables 1 and 2.

Reasons

1. The reasoning for this court’s explanation concerning this part of the underlying facts is as follows: (a) the first instance court’s judgment 1 (“Plaintiff G was established” in this part; and (b) the reason for this court’s explanation was as stated in the relevant part of the reasoning, except for the fact that Q and R, the husband of G, is the co-inheritors of the network G; and (c) Q and R, the husband of G, are the co-inheritors of the network. As such, this part of the reasoning is cited pursuant to the main sentence of Article 4

2. The grounds for the court’s explanation on the defense prior to the merits are as stated in the corresponding part of the judgment of the court of first instance, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. Determination on the claim for cancellation of ownership transfer registration

A. The plaintiffs' assertion 1) since the plaintiff's assertion N arbitrarily prepares a false donation contract without the consent of the deceased, or the deceased A had no capacity to intend at the time of entering into the donation contract, the above donation is null and void, and the registration of transfer of ownership in the name of the defendant I and J is also null and void. Therefore, the defendant, the deceased N's heir of the real estate of this case 1 and 2, is obligated to cancel the registration of transfer of ownership in the name of the deceased's heir within the scope of shares inherited the deceased N among the real estate of this case 1 and 2, and the defendant I and J are obligated to cancel the registration of transfer of ownership in the name of the deceased's heir among the 1/2 shares in each real estate of this case 3 real estate of this case, since the registration of transfer of ownership in the name of the deceased's owner of each real estate of this case was lawfully presumed to have been completed by presumption of the ownership transfer registration in the name of the deceased's owner of each real estate of this case, as well as the registration of transfer of ownership in the A's identity.

B. 1) Determination is based on the deceased A’s capacity at the time of the donation.

참조조문

-민사소송법 제420조

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