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(영문) 서울고등법원 2016.04.07 2014나19044
소유권이전등기말소
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaim are dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. The deceased F (Death on October 24, 2007) was the owner of each real estate listed in the separate sheet (hereinafter “each real estate of this case”; among them, the real estate listed in paragraph (1) of the separate sheet is the owner of the apartment of this case; the defendant B is its wife; the plaintiff and the remaining Defendants are children between the deceased and the defendant.

B. On April 22, 2005, the Deceased filed a claim against the Plaintiff’s husband and wife who occupied the apartment of this case against the Seoul Central District Court Decision 2005Kadan117928 (hereinafter “the related building name lawsuit”).

On April 13, 2006, the deceased was declared as quasi-incompetent on April 13, 2006, and Defendant B was appointed as his guardian.

C. On November 30, 2006, the related building name judgment was rendered in favor of the deceased on the lawsuit, and the plaintiff appealed, the appellate court of the related building name lawsuit (Seoul Central District Court 2006Na28026) revoked the judgment of the first instance and dismissed the deceased's claim on the ground that there was a loan relation between the deceased and the plaintiff on July 26, 2007 regarding the apartment of this case until the deceased's death.

As to this, the Deceased’s appeal (Supreme Court Decision 2007Da61922), however, on November 16, 2007, the appeal was dismissed and the judgment of the said appellate court became final and conclusive.

On May 6, 1996, the executor of the will on May 6, 1996 at the place of preparing the Notarial Deed No. 1281 of the real estate law firm of this case on August 12, 2003, the document No. 160 of the No. 1203, August 27, 2003, the defendant Eul's apartment law firm of this case on August 27, 2003, each of the real estate of this case and the real estate of this case as of August 27, 2003, the No. 2,007 square meters and P response 4,92 square meters in Jeonbuk-si Kim Jong-si, the No. 752 of the No. 752 of the No. 4203, Nov. 4, 2004, No. 3685 N. 5, 204.

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