(영문) 서울남부지방법원 2019.06.18 2018가단205838

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(영문) 서울남부지방법원 2019.06.18 2018가단205838

지분소유권이전등기말소청구의 소

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. On January 25, 2018, the deceased F (hereinafter “the deceased”) died, and the Plaintiffs were married of the deceased, and the Defendant was the children of G.

B. On September 22, 2017, the Deceased owned 13/15 shares of the instant real estate, and on September 22, 2017, a notary public drafted a testamentary document stating that “each of the instant real estate shares owned by the deceased shall be bequeathed by 1/5 to the Plaintiffs and the Defendant, respectively, at the law firm HU office” (hereinafter “instant authentic deed”).

C. On January 17, 2018, the Deceased entered into a contract to donate ownership of 13/15 shares among the instant real estate to the Defendant (hereinafter “instant donation”) (hereinafter “instant donation”), and as to the share of 13/15 shares among the instant real estate as the receipt of January 18, 2018 by Seoul Southern District Court Decision 10886, January 17, 2018, the ownership transfer registration based on donation (hereinafter “instant transfer registration”) was completed on January 17, 2018.

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

2. Determination

A. At the time of the Plaintiffs’ assertion, the deceased’s ability to communicate normally. Therefore, the instant gift is null and void, and the Plaintiffs, on September 22, 2017, seek for the cancellation of the instant transfer registration as the exercise of the obligee’s right of subrogation by acquiring the right to claim for exclusion from disturbance by acquiring one-fifth shares, or the right to claim for exclusion from disturbance by acquiring the ownership transfer registration by preliminary donation, or as the co-inheritors with respect to the deceased’s share in the instant real property, by exercising the right

Preliminaryly, the donation of this case was made by mistake as to the registration of ownership transfer for the married couple under the condition that the deceased had a significant lack of recognition ability at the time, and thus, the donation of this case was revoked as a co-inheritors and revoked at the level of preservation.

유사 판례

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