(영문) 서울서부지방법원 2015.04.15 2014가단24887

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(영문) 서울서부지방법원 2015.04.15 2014가단24887

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs and the Defendant are a simple wholesale sheet, and Nonparty G (hereinafter referred to as “the deceased”) is the Plaintiffs and the mother of the Defendant.

B. The real estate listed in the separate sheet (hereinafter “the instant real estate”) was originally registered in the name of the deceased as owned by the deceased, but the ownership transfer registration was made on the ground that the deceased was donated to the Defendant on March 11, 2002 on the receipt of No. 34542 on March 14, 2002 by the Suwon District Court Anyang Branch of Anyang Branch of the Suwon District Court (hereinafter “YU”).

C. On December 5, 2011, the Deceased died, and his heir is the Plaintiffs and the Defendant.

[Ground of recognition] Unsatisfy, Gap evidence No. 1, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiffs asserts that the registration of transfer of ownership of this case is null and void, since they did not have donated the real estate of this case to the Defendant.

The evidence submitted by the plaintiffs alone is insufficient to recognize that the transfer registration of ownership was completed without any cause. Rather, if the purport of the entire argument in the evidence Nos. 1 through 6 is added, the deceased was issued with a certificate of personal seal impression, etc. used for the registration of the transfer of ownership of this case, and the plaintiff E was accompanied by the deceased as well as the defendant at the time of the issuance of the certificate of personal seal impression, etc., and the procedure for the transfer registration of ownership of this case was requested to the office of a certified judicial scrivener I located within the Manan-gu, Mayang-gu, and during that process, it is deemed that the deceased's intent was confirmed by the above I or other employees, and the defendant is paying the sale price, taxes, etc. of the real estate of this case. In full view of this, the transfer registration of this case was made by the effective will that the

B. Unlike the plaintiffs' assertion, the part of the conjunctive claim is in question.

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