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(영문) 서울남부지방법원 2017.11.29 2015가단232273
소유권이전등기말소등기절차이행 청구의 소
Text

1. As to each real estate listed in the separate sheet:

A. Defendant C and D are Seoul Southern District Court’s Guro-ro Registry on May 15, 2015.

Reasons

1. Facts of recognition;

A. The deceased B (the Plaintiff’s death on November 7, 2016 during the instant lawsuit pending) and the deceased F had 1 South and North three women (Defendant D, who is his/her father, C, Plaintiff, G, and children) as his/her children.

Defendant E was the spouse of Defendant D.

B. The NetworkF died on November 11, 2014.

However, the deceased B filed a lawsuit against the network F for the registration of ownership transfer (hereinafter “related lawsuit”) with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”) on October 1, 2014 as the cause of the claim, seeking the registration of ownership transfer as the cause of the claim (U.S. District Court Decision 2014Gahap6338, Jun. 338, 200).

C. The relevant lawsuit was concluded on March 30, 2015 by the final and conclusive decision of March 6, 2015, which was “the purport of ordering the net F to perform the obligations under the net B’s purport of claim” (hereinafter “relevant reconciliation recommendation decision”).

Then, on May 15, 2015, based on the decision to recommend related reconciliation, B completed the registration of transfer of ownership as stated in Section 1-B of Disposition No. 1-B on the instant real estate on the ground of “donation No. 1, 2014,” and completed the registration of transfer of ownership on the ground of “sale on August 6, 2015” on August 6, 2015, Defendant E completed the registration of transfer of ownership as stated in Section 1-B of Disposition No. 1-B.

E. On February 3, 2017, A filed a report on the renunciation of inheritance by the deceased B, and the said report was accepted on March 15, 2017.

(The grounds for recognition) Nos. 1 through 8 (including each number), and the purport of the entire pleadings, of the Suwon District Court's Ansan Branch's 2017-Madan135 (Renunciation of Inheritance).

2. According to the above facts of recognition as to the plaintiff's claim, the deceased F has already died prior to the continuation of the relevant lawsuit, and the relevant lawsuit has not been corrected by the involvement of the heir, including the plaintiff, until the completion of the lawsuit. Therefore, the related lawsuit is illegal and the decision of recommending settlement related to the related lawsuit is null and void.

Therefore, each of the text clause 1 in the name of the network B and Defendant E, which was completed in order based on the invalid decision of recommending reconciliation.

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