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(영문) 서울중앙지방법원 2018.05.03 2015나57453
소유권이전등기등
Text

1. The plaintiffs' appeal and the preliminary claims added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. The deceased D was killed on October 29, 2014 when her spouse, a lineal descendant or a lineal ascendant, who is the heir of the first and second rank D, died on the ground that no lineal descendant or lineal ascendant exists.

(hereinafter referred to as “D”). (b)

The brothers and sisters of the deceased are the plaintiffs and the defendant's husband E and four others.

C. As to the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) owned by the deceased, the registration of ownership transfer was completed on October 22, 2014 by the Seoul Central District Court’s Branch Office of Seoul Central District Court No. 48368, Oct. 27, 2014 (hereinafter “instant registration of ownership transfer”).

【Uncontentious facts, Gap evidence 1, 2(including each number, hereinafter the same shall apply), Eul evidence 1, and the purport of the whole pleadings

2. The plaintiffs' assertion

A. As to the primary claim, the Plaintiffs inherited one-seven shares of the deceased’s property as his brothers and sisters.

However, the registration of transfer of ownership of this case is based on the invalid sales contract that was concluded in the absence of normal decision-making ability or separation ability prior to the death of the deceased, even though there was no sales contract between the defendant and the deceased, or is based on the invalid sales contract that was concluded before the death of the deceased. The registration of transfer of ownership of this case is invalid.

Therefore, the defendant is obligated to implement the procedure for the registration of cancellation of ownership transfer as to the plaintiffs' shares of inheritance among the real estate in this case, and the procedure for the registration of cancellation of ownership transfer as to the remaining shares of common property.

B. As to the conjunctive claim, even if the transfer registration of ownership in this case was completed in accordance with the real sales contract, the Defendant did not pay 350 million won out of the total sales price to the deceased. Thus, the Defendant, the inheritor of the deceased, is entitled to five days each of the sales price according to the inheritance shares.

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