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(영문) 인천지방법원 2019.01.18 2017가합57089
매매대금반환
Text

1. Defendant C:

A. As to Plaintiff A 276,815,275 won and 173,292,055 won among them, from September 14, 2017, and 103,523.

Reasons

1. Basic facts

A. On October 18, 1943, the deceased E and the deceased F were legally married couple who completed a marriage report and had the Plaintiffs, Defendant C, G, and the network H as their children, and Defendant D is the husband of Defendant C.

B. On October 22, 1994, the network E died. On September 25, 1997, the network H completed the registration of transfer of ownership in a single name due to inheritance by consultation division on October 22, 1994, with respect to the 743 square meters in Gyeonggi-gu, Gyeonggi-do, G, 410 square meters in total, K 752 square meters in total, and L 148 square meters in total (hereinafter “Y-gu land”) on September 25, 1997. G completed the registration of transfer of ownership in a single name due to inheritance by agreement division on October 23, 1994. G completed the registration of transfer of ownership in a single name due to inheritance by agreement division on October 23, 1994 on the same day.

C. On October 18, 2002, the network H lost the center of body in the steel-frame dismantling work at the construction site, and was injured by the two parts while getting out of the floor, resulting in occupational accidents, such as the complexity of the two aggregates open, the drupture, and the blood ties.

The network H was administered in the so-called plant human form due to the foregoing occupational accident, and G was in the process of managing the account in the name of the network H, and decided to nurse the network H with temporary disability compensation benefits, medical care benefits, etc. that the deceased H received from the Korea Workers' Compensation and Welfare Service.

However, G completed the registration of ownership transfer in its name on May 29, 2003 with respect to the land owned by the deceased H, and completed the registration of ownership transfer on June 5, 2003 to the N Association (hereinafter “N Association”) with the maximum debt amount of KRW 32,200,000.

Accordingly, the network H brought a lawsuit against G and N association seeking the cancellation of the above ownership transfer registration for G and the cancellation of the above ownership transfer registration for N association, and the cancellation of the above establishment registration for N association. On December 29, 2005, the judgment accepting the net H's claim was finalized at that time.

(Yiju District Court 2005Kadan11284). E.

On August 2006, Suwon District Court rendered a declaration of incompetency against the deceased H on the grounds of mental disorder, and the deceased H.

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