(영문) 의정부지방법원 2014.12.19 2012나14761

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(영문) 의정부지방법원 2014.12.19 2012나14761

소유권말소등기

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1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On April 2, 2006, E (hereinafter “the deceased”) died on April 6, 2006.

B. On March 5, 1998, the Deceased completed the registration of ownership transfer with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”), and the Defendant completed the registration of ownership transfer with respect to the instant real estate on April 5, 2006 (hereinafter “instant registration”).

C. The plaintiffs are the children of the deceased, and the defendant is the defendant's act of fraud of G, the deceased.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 5, Gap evidence 3-1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The deceased asserted that he did not sell the instant real estate to the Defendant, and that he did not delegate his right to represent the disposal of the said real estate to F or Nitman G, the deceased’s misinciation, and even if he delegated his right to represent household affairs, the above right to represent was extinguished on April 2, 2006 by being omitted in a mixed status due to traffic accidents.

In addition, even if the deceased and the defendant concluded a sales contract on the real estate of this case, since the defendant did not pay the purchase price pursuant to the above sales contract, the plaintiffs, the heir of the deceased, will cancel the above sales contract.

Therefore, since the registration of transfer of this case is null and void, the defendant is obligated to cancel the registration of transfer of ownership to the plaintiffs who are the inheritors of the deceased.

B. The Defendant’s assertion is the ownership of L, mother G, and wife M (hereinafter “G, etc.”) who is the Defendant’s head. They held the above real estate in title trust with the deceased, and the deceased requested the termination of the title trust, at any time, made the name of the registration of the above real estate to return it, and comprehensively delegated the F with the authority to return it.

The defendant has provided financial support to G, etc., and G.

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