logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 통영지원 2017.01.12 2016가합10588
소유권이전등기
Text

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 were Nonparty F’s children, and F died on November 4, 2014, and each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) at the time of death.

B. On March 13, 2013, Plaintiff F’s leader A was adjudicated on June 11, 2013 to be declared a quasi-incompetent on the ground that he/she was physically and mentally weak of F, and on March 13, 2013, the judgment was finalized on July 2, 2013.

C. Meanwhile, on the other hand, F refers to the registration of ownership transfer as of June 5, 2013 on each of the instant real estate owned by F to the Defendant, the Republic of Korea, as of May 22, 2013 on the ground of donation from the Changwon District Court, the Changwon District Court No. 29280, Jun. 5, 2013 (hereinafter referred to as “the registration of ownership transfer”).

(4) On January 22, 2015, the lower court determined that “F had the capacity to understand its legal meaning and effect at the time of the above series of legal acts, and thus, rendered a judgment citing a claim for cancellation of ownership transfer registration and a claim for return of unjust enrichment against other money received by the Defendant, by asserting that the registration of transfer of ownership as of June 5, 2013 was null and void.” The lower court, on November 22, 2015, rendered a judgment citing a claim for cancellation of ownership transfer registration and a claim for return of unjust enrichment against the Defendant, and that the Plaintiffs died on November 4, 2014 while the lawsuit was pending, and succeeded to F’s status as a party.” In so doing, the lower court rendered a judgment citing a claim for cancellation of ownership transfer registration and the claim for return of unjust enrichment on June 5, 2013, each of the above judgments became final and conclusive [the lower court’s judgment 2015Da236415, May 26, 2015).

arrow