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(영문) 서울중앙지방법원 2014.12.03 2013나49236
소유권이전등기말소
Text

1. Each of the plaintiffs' appeals and each of the preliminary claims added in the trial are dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. On September 1, 1978, E, J and H purchased each real estate listed in the separate sheet (hereinafter “instant real estate”) to jointly own one-third shares, and H purchased one-third shares, one-third shares, respectively, to the Deceased and J. He completed the registration of ownership transfer as to one-half shares among the instant real estate on September 1, 1978.

B. On August 15, 2002, E made a will to deliver to the Defendant all the property of the deceased, including the instant real property shares, in California, including the instant real property shares.

(hereinafter referred to as “instant will”). C.

On August 21, 2003, the Defendant completed the registration of ownership transfer for E’s one-half portion of the instant real estate based on the same date donation contract. The Plaintiffs asserted that the Defendant would have forged the donation contract under the name of the deceased and completed the registration of ownership transfer in the future.

The plaintiffs and the defendant had already completed the registration of ownership transfer in the name of the defendant in accordance with H on September 5, 2003, according to H's arbitration, but with respect to the shares of 1/2 (i.e., 3/6) in the past E- 1/6 (i.e., the part of the donation contract as of August 21, 2003 as to the shares of 1/6 (i.e., 3/6) in the above paragraph, return to E-owned property by cancelling part of the donation contract as of August 21, 2003. The defendant sold the shares of 1/6 out of the remaining 2/6 shares for which the registration of ownership transfer has been completed in the name of the defendant to F who was the title truster, and

(hereinafter “instant agreement”) e.

E (E) obtained U.S. citizenship on December 9, 199 and lost the nationality of the Republic of Korea) died on September 11, 2003 in California.

Plaintiff

C The husband, the plaintiff A, B, and the defendant of the network E shall be his father, the plaintiff A, and the defendant.

F. According to the agreement of this case, the plaintiffs, the defendant, and F are ex post facto on October 6, 2003 of the deceased.

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