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(영문) 서울중앙지방법원 2018.02.22 2017가단5215929
소유권이전등기
Text

1. The Defendants were on January 5, 2016 with respect to each of 1/3 shares in the real estate listed in the separate sheet to the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 21, 2016, the Plaintiff related to the parties was married with the deceased E (hereinafter “the deceased”) around 1967 and continued to engage in a couple’s relationship for about 50 years with the husband and wife, and the Defendants were the deceased and the Plaintiff’s children.

B. Around 1967, the Plaintiff and the Deceased were married, but they did not want to be the usual couple’s death. 2) The Deceased was economically able to raise their livelihood and children, and was responsible for the Plaintiff’s store, restaurant, etc., and the Plaintiff was unable to purchase the real estate in the process of the purchase of the real estate in the name of the Deceased, and the real estate listed in the separate sheet (hereinafter “instant real estate”) was purchased in the name of the Deceased.

The instant real estate was registered under the name of the deceased at the time, but the Plaintiff purchased the real estate as the property gathered by the Plaintiff, and may also be deemed as the Plaintiff’s property

3) Even if the above circumstances were as above, the deceased was considered to have increased the authority consciousness with a family head’s value, had a village head, etc., and had been considered to have been outside the country, but the actual family company transferred all responsibilities to the Plaintiff, who is responsible for all the expenses, and was influence of drinking, household duty hours and expenses. In particular, there was a lot where the Plaintiff, the deceased, while they were in the old age, did not reach a dispute due to the change of the deceased’s behavior at all, resulting in a confusion under mutual agreement with each other.

C. On January 5, 2016, when the agreement between the Plaintiff and the Deceased was in progress, the agreement on division of property was prepared under mutual agreement. 2) The content of the instant real estate owned by the deceased was that the ownership was transferred to the Plaintiff to the division of property following the divorce, and the time of transfer was completed until May 31, 2016.

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