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(영문) 수원지방법원안양지원 2016.09.30 2015가단13513
소유권이전등기
Text

1. On June 5, 2015, the Defendant: (a) on the real estate stated in the separate sheet to the Plaintiffs, the Seoul Northern District Court’s Northern District Court registry office.

Reasons

1. Basic facts

A. The network D and network E were married, and both the plaintiffs and the defendant are the children of the deceased, and both the plaintiff A and the plaintiff B are the fifth, the plaintiff B are the second, the second, the defendant.

B. The network E died on June 5, 2015, and the registration of ownership transfer (Seoul Northern District Court No. 7076, Jun. 5, 2015) was completed on June 5, 2015 between the network E and the Defendant regarding the real estate listed in the separate sheet (hereinafter “instant real estate”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 14, the purport of the whole pleadings

2. Judgment on the plaintiffs' assertion

A. The Plaintiffs’ assertion that the Defendant completed the registration of ownership transfer of the instant real estate on the ground that the deceased Party entered into a sales contract with the deceased Party on June 5, 2015. Since the registration of ownership transfer was completed by an invalid sales contract concluded with E with the deceased Party having no capacity at the time, it should be cancelled.

B. According to the records in Gap evidence No. 5, it is recognized that the deceased E had no consciousness since he/she applied to the Seoul Medical Center on June 3, 2015, and that he/she died at around 20:0 on June 5, 2015. Thus, the sales contract concluded with the defendant on June 5, 2015 regarding the instant real estate was null and void.

The plaintiff's assertion is justified.

The defendant asserts that the real estate in this case was acquired by the third party F's effort and property, and that it was owned by F, and that the network E was delegated F with F with the right to dispose of the real estate in this case before it was born, and sold to the second defendant.

It seems difficult to recognize the above defendant's assertion only with the descriptions of the evidence Nos. 1 to 16 (including each number), the witness G, and the testimony of each witness G and F.

The defendant's argument is without merit.

3. The plaintiffs' claim is justified.

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