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(영문) 서울중앙지방법원 2017.07.07 2015가합566830
소유권이전등기
Text

1. The plaintiff's main claim against the defendants is dismissed, respectively.

2. Of the instant lawsuit, the Plaintiff’s Defendant B.

Reasons

Basic Facts

Defendant B’s spouse, Plaintiff, Defendant C, and D are the deceased’s children, and the deceased’s children.

On January 2, 2013, the Deceased died from the G Hospital located in Yongsan-si (pulmonary, livering, and kidne), G Hospital around 12:56 on January 2, 2013.

At the time of death, there was no particular property for the deceased.

On September 15, 1999, the Deceased made a testamentary document with the content that a notary public entrusted the Seocho Law Firm with the title of a notary public and bequeathed each real estate listed in the separate sheet No. 756 of the said Law Firm No. 199 to Defendant B.

On November 11, 2011, the deceased donated each real estate listed in paragraph (1) of the attached Table No. 1 to Defendant B, which is its owner, to Defendant B, and the Defendant B had the obligation to refund the lease deposit for each of the above real estate. On November 14, 2011, the registration of transfer of ownership in the name of Defendant B was completed on November 11, 201 with respect to each of the above real estate.

On March 2, 2012, the Deceased donated the real estate listed in Paragraph 2 of the Attached List No. 2, which is its owner, to Defendant C, and on March 21, 2012, the registration of ownership transfer in the name of Defendant C was completed on March 2, 2012 on the said real estate.

On March 21, 2012, the registration of transfer of ownership in the name of Defendant D was completed on March 2, 2012 with respect to the real estate listed in paragraph 3 of the attached list.

[Reasons for Recognition: (a) the Plaintiff’s primary claim as to each of the facts without dispute, Gap evidence 1, 2, 4 through 6, Eul evidence 24, and Eul evidence 2 through 5 (including numbers; hereinafter the same shall apply) and the purport of the whole pleadings] At the time of the donation contract as to each of the real estate listed in the separate sheet between the deceased and the Defendants, the deceased was hospitalized for a long time due to the symptoms of dementia, etc.; (b) each of the above gift contracts was concluded against the deceased’s will or was made under the status of the deceased’s office capacity, and thus, is null and void. Therefore, the registration of ownership transfer of each of the above real estate in the name of the Defendants, which

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