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(영문) 광주지방법원순천지원 2017.09.14 2015가단483 (1)
소유권이전등기말소 등
Text

1. All of the plaintiffs' primary claims are dismissed.

2. The defendant shall set out in [Attachment 1] Nos. 1 through 5.

Reasons

1. Basic facts

A. On October 27, 1942, I (hereinafter referred to as “the deceased”) married with Plaintiff A on October 27, 1942, and followed up Plaintiff B, C, Defendant D, Plaintiff D, Plaintiff E, Plaintiff F, and Plaintiff G. Nonparty K was placed between the J in a de facto marital relationship.

B. As to each real estate listed in the separate sheet 1 through 5 (hereinafter “the instant real estate” in the order, the ownership transfer registration under the Defendant’s name was completed (hereinafter “instant ownership transfer registration”) on October 20, 2010, No. 41683, Oct. 18, 2010, which was received as of October 20, 2010, as to the instant real estate (hereinafter “instant gift agreement”).

C. Meanwhile, on May 7, 1932, the real estate listed in the separate sheet 6 (hereinafter “six real estate”) was transferred to M on May 7, 1932, and the ownership transfer was transferred to N on March 8, 1965 due to inheritance on June 27, 1940, and N completed the registration transfer on December 30, 201 to the Defendant on December 30, 2010.

As the Deceased died on July 15, 2014, the Plaintiffs and the Defendant jointly succeeded to the deceased’s property.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 2-3, 5, 6, evidence 21-1 through 22, Eul evidence 2, Eul evidence 89-1 through 7, the purport of the whole pleadings

2. Judgment as to the main claim

A. The plaintiffs' assertion (i.e., the transfer of ownership in this case is invalid because the defendant received the deceased's certificate of personal seal impression since it was caused by a contract of donation concluded with a deceased who was in a state of mental and physical disability due to decrepitation.

Therefore, the Plaintiffs, who are co-inheritors of the deceased, seek cancellation of the ownership transfer registration of this case as an act of preserving jointly-owned property.

Dor 6 Real Estate was actually acquired by the deceased and used for profit, but the deceased was registered for the transfer of ownership in his name.

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