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(영문) 인천지방법원부천지원 2015.09.15 2015가단2487
소유권이전등기말소등기
Text

All of the claims of the Plaintiff (Appointed Party) are dismissed.

Litigation costs shall be borne by the plaintiff (appointed party).

Reasons

Basic Facts

The Deceased (Death on September 24, 2014) laid his children between the Defendant and the Deceased E, and between the Appointor D, the Plaintiff, the Appointor F, G, and H.

With respect to the instant real estate, the registration of transfer of ownership was completed in the name of the deceased on the ground of ① receipt of December 27, 2001 by the court No. 16382, Nov. 7, 2001 (hereinafter “the instant transaction”); ② the registration of transfer of ownership in the name of the defendant (hereinafter “the instant donation”) was completed on April 9, 201 as the receipt of the instant donation No. 36248, Apr. 2, 2014 (hereinafter “the instant donation”); and ② the registration of transfer of ownership in the name of the defendant (hereinafter “the instant transfer”).

[Ground of recognition] Facts without dispute, Gap 1 and 2 evidence, and the purport of the whole argument of the parties concerned as to the purport of the whole argument, the registration of transfer of ownership of this case, which is alleged around the plaintiff by the defendant, using the defendant's custody of the registration certificate of the right to the real estate of this case and the certificate of seal imprint, is a registration of invalidity of cause, because the defendant was in custody of the deceased whose ability to recognize due to terminal cancer

Therefore, the defendant is obligated to cancel the registration of transfer of ownership of this case to the deceased.

Even if the ownership transfer registration of this case is valid, since it infringes on the legal reserve of inheritance of the plaintiff and the designated parties, the defendant is obligated to implement the registration procedure for ownership transfer of shares corresponding to their respective legal reserve of inheritance to the plaintiff and the designated parties.

The real estate of this case was owned by the Defendant and owned by the Defendant from the beginning with the funds of the Defendant, but held title trust with the deceased, and since the deceased transferred the ownership in the form of donation to the Defendant, the true owner before the death, the Defendant did not have any obligation to return

Judgment

According to the overall purport of the records and arguments on the validity of the registration of transfer of ownership of this case, the deceased is at the Ynam University Hospital around January 16, 2014.

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