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(영문) 서울남부지방법원 2015.10.16 2014가합14611
소유권말소등기
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Facts of recognition;

A. On August 31, 197, C, D, E, F, and G purchased each parcel of land listed in Appendix 2 (hereinafter “instant real estate”). Around August 31, 1977, C, D, D, and E were 1/4 each, F, and G purchased each parcel of land listed in Appendix 2 (hereinafter “instant real estate”). due to an error in the application for registration, the registration of transfer in the name of C, D, E, F, and G was completed on September 1, 197.

B. On November 5, 1992, E prepared and sent to the Defendant a letter of confirmation of the real estate title trust to the purport that “E is a real estate title trust” and that “E is a real estate title trust” among the instant real estate owned by the Defendant.

C. As to the instant shares, a sales contract was prepared between G and the Defendant with the purchase price of KRW 300,000,000 on November 10, 2012. On November 26, 2012, the registration of ownership transfer was completed on the ground of sale in the Defendant’s name on November 10, 2012. At that time, G was hospitalized in a state where food was not clear, and the Defendant was issued with the Plaintiff’s seal imprint certificate and identification card and carried out the procedure for the preparation of said sales contract and the registration of ownership transfer.

G had designated children M, N,O, P, and Plaintiff as children between wife L and wife, and died on January 19, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, Eul evidence Nos. 1, 7, and 8 (including various numbers, if any), witness Q's testimony, and the purport of the whole pleadings

2. Determination as to the cause of claim

A. The registration of transfer of ownership in the name of the Defendant with respect to the instant shares was made between the Plaintiff’s assertion and the Defendant’s allegation that the instant shares were hospitalized in the hospital and was not based on the intention of G. Since the Defendant obtained a certificate of personal seal impression, etc. by deceiving the Plaintiff and the designated parties who are the heir of G, it may be revoked as

G Even 1/8 of the shares actually owned with respect to the instant real estate, G is related to 1/5 shares in the name of G on September 1, 197.

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