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(영문) 서울중앙지방법원 2020.08.19 2018가합526116
소유권이전등기말소청구
Text

1. The plaintiffs' primary claims against the defendant J and their claims against the defendant KJ are all dismissed.

2. Defendant.

Reasons

1. Basic facts

A. The parties’ inheritance relationship, etc. 1) Net A (hereinafter “the deceased”).

(2) On March 13, 2019, the deceased died, and on March 13, 2019, the deceased succeeded to L, B, C, D, and E, who are their children. Defendant J was the deceased’s child. After the deceased’s death, the deceased’s children were succeeded to L, and the Plaintiff G, H, I, and Defendant J succeeded to L. (2) since 1995. The deceased was unable to leave Defendant J. from around 1995, and the Defendant J returned to the United States around 2012 after becoming an adult, and resided together with the deceased around that time, and around March 12, 2018, the deceased’s children, including the Plaintiff D et al. went to death.

B. On April 7, 2016, the deceased’s real estate transfer relation 1) Defendant J to Defendant J, and on April 7, 2016, the first donation contract between the deceased and Defendant J on April 7, 2016 (hereinafter “instant first donation contract”).

(2) On February 7, 2017, among the real estate listed in Schedule 2, 4, and 3, the remainder of 1/2 shares among the real estate listed in Schedule 2, 4, and 3 on February 7, 2017, the agreement between the deceased and the Defendant J on February 7, 2017 (hereinafter “instant secondary donation agreement”) refers to each of the said donations agreements, and “each of the instant gift agreements” refers to each of the said donations agreements.

(2) Each registration of ownership transfer on the ground of each of the reasons (hereinafter referred to as “each of the instant cases”).

The above application documents for the registration of ownership transfer are accompanied by each of the gift contracts in this case between the deceased and the defendant J, the power of attorney in the name of the deceased as to the application for the registration of ownership transfer, and the certificate of personal seal impression of the deceased who was issued by the deceased himself. 2) Meanwhile, the defendant J assumed from the deceased the obligation to return deposit amounting to KRW 323,00,000 at the time of the first donation, the obligation to return deposit amounting to KRW 462,00,000 at the time of the second donation, and the obligation to return deposit amounting to KRW 37,206,815 at the time of the second donation, respectively.

Since June 29, 2017, Defendant J provided each of the instant real estate to Defendant KK Association as collateral and received a loan from Defendant J, with the maximum debt amount 351,00.

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