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(영문) 수원지방법원 2018.01.17 2017가단518997
소유권말소등기
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Basic facts

A. The deceased F (hereinafter “the deceased”) died on March 9, 2003, and the deceased’s son, including the Plaintiff, and the two children jointly inherited the deceased’s property. The deceased’s son and son, including the Plaintiff, and 5 children jointly inherited the deceased’s property.

B. The deceased completed the registration of transfer of ownership with respect to the land size of 298 square meters in Suwon-si Co., Ltd., which he owned on July 13, 1994, by the Suwon District Court, Seosung registry office, 34397, which was received on July 20, 1994. The deceased completed the registration of transfer of ownership with respect to the land size of 152 square meters in Sungsung-si and the land size of 1,190 square meters before E on the ground of the gift as of February 15, 1996, respectively, on the ground of the donation as of February 15, 1996.

(hereinafter referred to as the “instant land”). (C) The said three lots of land are the land.

Unlike at the time of the death of the deceased, it seems that no property owned by the deceased exists.

[Ground of recognition] Facts without dispute, each entry of Gap 1-3 (including virtual number), and the purport of the whole pleadings

2. Judgment on the main claim

A. The gist of the Plaintiff’s assertion is that the Plaintiff did not have any reason to donate the instant land, which is one’s entire property, to the Defendant, who was adopted by removing her son and his son and wife, and it seems that the Defendant, under the old age of 90 at that time, deceiving the deceased who did not have any capacity to distinguish from her former property, and completed the registration of transfer of ownership by misappropriation of the deceased’s seal impression. The registration made for each gift in the name of the Defendant on the instant land cannot be deemed to have been based on the deceased’s genuine intent. Therefore, the registration of each transfer of ownership in the name of the Defendant on the instant land should be cancelled as a registration invalidation. Since the officially announced land price of the instant land exceeds 226,073,80 won in total, and the market price exceeds at least two times, the Plaintiff asserts that the Defendant paid the Defendant a minimum market price equivalent to 1452,147,600 won, 90,429,520 won.

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