logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2016.12.08 2015가단72395
소유권이전등기
Text

1. The Plaintiff:

A. The Defendants are each 1/5 shares among the Defendants’ 1/5 shares in relation to G field 1,526§³ and H field 667§³ in Pakistan-si.

Reasons

1. Basic facts

A. The Plaintiff and the Defendants are brothers and sisters relationship between the deceased I (Death on March 15, 2014, hereinafter “the deceased”) and the deceased J (Death around May 2009).

B. On August 12, 2009, in the case of Pakistan owned by the deceased, the registration of ownership transfer was made on the ground of donation on March 10, 2009, with 1/5 shares in the Defendants, on August 12, 2009.

C. On May 26, 2009, the time deposit of the deceased’s national bank was at the maturity of KRW 264,523,712, and was transferred to another national bank account of the deceased.

However, on June 1, 2009, from the national bank account in the name of Defendant B, KRW 54.2 million was transferred from the bank account in the name of Defendant B to the bank account in the name of Defendant F, KRW 54.2 million in total to the bank account in the name of Defendant E, KRW 108.4 million in total to the bank account in the name of Defendant B and the national bank account in the name of Defendant E, and KRW 54.2 million in total to the new bank account in the name of Defendant D’s husband, and KRW 59.2 million in total (hereinafter “instant deposit”).

On the other hand, Defendant C received KRW 54.2 million from the said transferred money from Defendant E.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, 5, 8, 9 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff alleged that the deceased was unable to make a normal decision due to severe dementia symptoms at the time, and was unable to make a donation. The defendants arbitrarily completed the registration of ownership transfer of the real estate of this case and divided the amount of KRW 276 million of the deceased's deposit. Thus, the registration of ownership transfer and deposit transfer of the real estate of this case shall be null and void. Thus, the above real estate and deposit shall be restored to the deceased's inherited property and distributed in the shares of inheritance.

As to this, the Defendants had dementia symptoms against the Deceased at the time, but had the ability to perform the work.

arrow