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(영문) 전주지방법원 2014.01.15 2013가단852
소유권이전등기말소절차이행
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 28, 2006, the Plaintiff completed the registration of ownership transfer as to the real estate of this case under Article 11940, which was received by the Jeonju District Court, and as to the real estate of this case, the registration of ownership transfer as to the real estate of this case under Articles 2 and 3, 11939

B. On April 30, 2008, the Plaintiff donated the real estate of this case Nos. 1 and 2 to the deceased C (hereinafter “the deceased”). On May 6, 2008, the Plaintiff completed the registration of ownership transfer under the Jeonju District Court’s receipt No. 3074 on May 6, 2008, and ② on August 14, 2008, donated the real estate of this case No. 3 of this case, and completed the registration of ownership transfer under the Jeonju District Court’s receipt of the preceding day.

C. Meanwhile, the Deceased died on December 24, 2012, and the Defendant and D jointly inherited the rights and duties of the Deceased’s property. On January 11, 2013, the Defendant completed the registration of ownership transfer based on inheritance due to a division between the former and the former District Court’s receipt of each of the instant real property on December 24, 2012.

【Fact-finding without a dispute over the basis of recognition】 The evidence Nos. 1 through 3 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination as to the cause of claim

A. The gist of the Plaintiff’s assertion is that the Plaintiff donated each of the instant real estate to the Deceased by being subject to continuous intimidation, assault, etc. from the Deceased. As to each of the instant real estate, the registration of ownership transfer in the name of the Deceased was caused by the deceased’s act of a sponsor, and thus, is null and void in violation of good morals and other social order stipulated under Article 103 of the Civil Act. As the registration of ownership transfer in the name of the deceased is null and void. As such, the registration of ownership transfer in the name of the Defendant, which

Therefore, the Defendant is obligated to implement the procedure to cancel the registration of cancellation of ownership transfer in the name of the deceased or the Defendant as to each of the instant real estate.

B. Determination of the Civil Code

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