(영문) 제주지방법원 2018.07.19 2017가단7155

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(영문) 제주지방법원 2018.07.19 2017가단7155

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1. The plaintiff

A. As to shares 21/28 of each real estate listed in the separate sheet by Defendant B.

Reasons

1. Basic facts

A. Each real estate listed in the separate sheet was owned by the networkF (hereinafter “the network”).

B. The Deceased had Defendant B, net G, H, and Plaintiff D’s children under the chain, and I is the spouse of the network G, and J and K are the children of the I.

C. On June 17, 2016, Defendant B received the gift of each of the instant real estate from the Deceased (hereinafter “instant gift”) and completed the registration of ownership transfer for each of the instant real estate on the same day and on March 14, 2017, Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) completed the registration of ownership transfer for each of the instant real estate on the same day.

The Deceased died on May 5, 2017.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 3 (including each number), the purport of the whole pleadings

2. Determination as to the claim against Defendant B and C

A. The summary of the Plaintiff’s assertion 1) was that the deceased was in the state of office capacity at the time of the instant donation. Since Defendant B entered into the instant donation agreement with the deceased by using it, and completed the registration of ownership transfer with respect to each of the instant real estate, all of the instant donation agreement and the registration of ownership transfer with respect to each of the instant real estate in the name of Defendant B is null and void. Furthermore, based on the registration of ownership transfer with respect to the instant real estate 1, the registration of ownership transfer under the name of Defendant B, which was completed with respect to 75/694 shares out of the instant real estate in the name of the Defendant Company is null and void. Accordingly, the Plaintiff, who is the co-inheritors of the deceased, is liable to perform the registration of ownership transfer under the name of Defendant B on each of the instant real estate in the name of the deceased, and the Defendant Company is obligated to perform each of the registration procedures for cancellation of ownership transfer under the name of the Defendant Company on each of the instant real estate in the name of

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