(영문) 제주지방법원 2018.03.27 2017가단54823

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(영문) 제주지방법원 2018.03.27 2017가단54823

소유권이전등기 말소등기 청구의 소

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1. The Plaintiff:

A. Defendant B’s share of 3/4 of each of the real estate listed in the separate sheet is the Jeju District Court.

Reasons

1. Basic facts

A. Each real estate listed in the separate sheet (hereinafter “the instant O real estate” in accordance with the separate sheet, and each real estate listed in the separate sheet was owned by the network D (hereinafter “the network”).

B. The Deceased had children under the supervision of Defendant B, the network E, F, and G, and the Plaintiff is the spouse of the network E, and H and I are the Plaintiff’s children.

C. On December 24, 2015, F and Defendant B filed an appeal for the commencement of adult guardianship with the Jeju District Court 2015-Ma1045 on the deceased’s principal on December 24, 2015. On November 30, 2016, the said court appointed J and Defendant B as an adult guardian of the deceased.

On June 17, 2016, Defendant B received the donation of each of the instant real estate from the Deceased (hereinafter “instant donation”) 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 75/694 shares among the instant two real estate.

E. The Deceased died on May 5, 2017.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 4 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. At the time of the Plaintiff’s assertion, the Deceased was in the state of his capacity to perform his duties. As Defendant B entered into the instant donation agreement with the Deceased by using it, and completed the registration of ownership transfer on each of the instant real estate, the instant donation agreement and the registration of ownership transfer in Defendant B on each of the instant real estate are null and void.

In addition, based on the registration of transfer of ownership in the name of Defendant B with respect to the instant 2 real estate, the registration of transfer of ownership completed in the name of Defendant Company with respect to the instant 2 real estate in the name of Defendant Company is also null and void.

Therefore, the deceased.

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