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(영문) 서울동부지방법원 2018.08.16 2017가합100565
소유권이전등기말소 등
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On November 9, 2015, the registration of ownership transfer was completed in the name of the Defendant C as the receipt of No. 242076 on November 10, 2015 on the respective real estate listed in the separate sheet No. 1, which was owned by the Plaintiff A, due to the donation from the Suwon District Court on November 9, 2015.

B. The registration of ownership transfer was completed in the name of the Defendant C on November 17, 2015 due to the donation made on November 16, 2015 as to each real estate listed in the separate sheet No. 2 List No. 247348, Nov. 17, 2015, which was owned by Plaintiff A.

C. The registration of transfer of ownership was completed in the name of Defendant C as of January 7, 2016, received on December 30, 2015, on the real estate listed in the separate sheet No. 3, which was owned by Plaintiff A, as of December 30, 2015.

Defendant C purchased real estate No. 1 from E on June 10, 2015, and completed the registration of ownership transfer under the above Defendant’s name on August 12, 2015.

Defendant C purchases 1/2 shares of each of the real estate listed in Appendix 4 List 2 from F and G around March 2, 2016, and completed the registration of ownership transfer in the name of the said Defendant on April 11, 2016.

E. On November 27, 2015, the registration of ownership transfer was completed in the name of the Defendant C due to the receipt of No. 2719000 on December 21, 2015 with respect to the real estate listed in the attached list No. 5, which was owned by Plaintiff B, due to the sale on November 27, 2015, and the registration of ownership transfer was completed in the name of Defendant D as of May 2, 2016 by the receipt of No. 80273 on May 2, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 6, 8, 9, 12 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiffs' assertion

A. Defendant C received a marriage report on September 3, 2015 without the consent of Plaintiff A, and completed the registration of transfer of ownership in its name due to the gift of each real estate listed in the separate sheet No. 1 through No. 3 owned by Plaintiff A, and as to the real estate listed in the separate sheet No. 5 owned by Plaintiff A, his/her father and wife.

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