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(영문) 대구지방법원 2017.04.19 2016나311047
소유권말소등기
Text

1. Of the judgment of the court of first instance, the defendants exceeding the following shares of ordering cancellation of real estate stated in the attached Form.

Reasons

1. Basic facts

A. Relation 1) D and E are married couple, D are both the Plaintiff and Defendant B’s mother, and Defendant C’s mother are those, and E are the father and father of the Plaintiff and the Defendant B, and Defendant C’s cityer. 2) The Plaintiff and Defendant B remain both. The Defendants are married.

B. On June 24, 2015, D and E shared each of the instant apartment units with 1/2 shares, respectively. (2) On June 24, 2015, D and E donated each of the instant apartment units to the Defendants (hereinafter “instant donation contract”), on the ground of the said donation, as the receipt on June 24, 2015, the Daegu District Court Branch Branch Office No. 6250, Jun. 24, 2015, and the Defendant C completed the registration of ownership transfer under Article 6251 on the date of receipt of the said support.

(B) The Defendants’ respective registrations of ownership transfer, which are completed to the Defendants under the gift contract of this case, shall be “each of the instant cases’ ownership transfer.” On the same day, E donated each of the instant apartment units to the Defendants, and completed the registration of ownership transfer.

D’s death and inheritance relationship, etc. 1) D died on July 5, 2015 (hereinafter “the network D”).

2) As the inheritor of the Deceased, there are the Plaintiff, the husband, the Plaintiff, and Defendant B and F (F (F filed the instant lawsuit together with the Plaintiff and withdrawn it), G, H, and I, and their inheritance shares are as listed below.

E An inheritor: (a) the facts that there is no dispute over Plaintiff BF GH I’s inheritance shares 3/15 / [based on recognition]; (b) the entries in the evidence Nos. 1, 5, and 9; and (c) the purport of the entire pleadings;

2. Summary of the parties' arguments

A. The plaintiff's apartment building of this case was public property of the deceased and E, and the donation contract of this case was made under the condition that the deceased had no mental capacity.

Therefore, the gift contract of this case is null and void, and each transfer registration of ownership of this case completed based on this is null and void. Thus, the defendants are obliged to register cancellation of each transfer registration of this case.

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