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(영문) 대전지방법원논산지원 2017.09.28 2017가단20671
소유권이전등기말소
Text

1. On February 4, 2013, the Defendant issued the Daejeon District Court with respect to each real estate stated in the separate sheet to the Plaintiff.

Reasons

1. Basic facts

A. As a child of C (Death on November 5, 2013, hereinafter “the deceased”), the Plaintiff inherited the deceased solely.

The defendant is the deceased's son, who is the deceased's son, and the plaintiff and the deceased's son.

B. The Defendant completed the registration of ownership transfer on January 17, 2013 with respect to each of the real estate owned by the Deceased (hereinafter “each of the instant real estate”) as indicated in the separate sheet as the receipt of No. 1876 on February 4, 2013 by the Daejeon District Court Delivery Registry (hereinafter “The instant registration of ownership transfer”).

C. The Defendant and D transferred ownership of each of the instant real estate by using the deceased’s mental and physical disorder, and was convicted of forging and exercising a sales contract under the name of the deceased, forging private documents, forging private documents, and uttering of a falsified investigation document, but was subject to a non-prosecution disposition on March 19, 2015.

[Ground of recognition] Facts without dispute, Gap 1 to 5 evidence, Eul 3 evidence, the purport of the whole pleadings

2. In full view of the following circumstances, it is recognized that the registration of each transfer of ownership of this case was completed without a legitimate cause, taking into account the following circumstances acknowledged by adding the whole purport of the pleadings to the respective statements in Gap evidence Nos. 10, 16, Eul evidence Nos. 1 through 4, and 6,

Therefore, the Defendant is obligated to implement the procedure for cancellation registration of each ownership transfer registration of this case to the Plaintiff.

① Although the grounds for the registration of transfer of ownership of this case are traded, the sales contract for each of the instant real estate between the deceased and the defendant is not entered into.

Therefore, the only issue of this case is whether the deceased has made a valid donation of each of the above real estate to the defendant before the death, and there was no fact that the contract of donation was made between the parties, and there was no objective data supporting the contract of donation.

② The Defendant shall manage, etc. his funeral and post-management of the decedent, who had been in contact with the Plaintiff before his birth.

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