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(영문) 서울중앙지방법원 2018.05.03 2017가합523158
소유권이전등기말소 등 청구의 조정신청
Text

1. The plaintiffs' respective claims against the defendants are dismissed in entirety.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The Plaintiffs, Defendant E, and G were children of H, and Defendant F was the wife of Defendant E and H. 2) died on May 21, 2016.

(hereinafter referred to as “H”). B.

1) After the death of the deceased on September 20, 1974, the deceased completed the registration of ownership transfer on the land listed in paragraph (1) of the attached Table No. 1 on April 10, 1969, based on sale on April 5, 1969. The deceased completed the registration of ownership transfer on the building listed in paragraph (2) of the attached Table No. 2 of the same land on September 20, 1974.

C. The defendant F, on November 6, 1997, is the defendant F, as the defendant F, No. 1401, Daegu-gu, Daegu-gu, 1997 (hereinafter "the apartment of this case").

(2) On June 8, 1995, the sale and purchase (hereinafter “instant sale”) as of June 8, 1995

(2) On April 30, 2015, Defendant F completed the registration of ownership transfer on the grounds of the registration of ownership transfer on April 30, 2015 (212,00,000 won).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3 and 9 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Claim against Defendant E

A. In the first instance of the plaintiffs' assertion, Defendant E completed the registration of transfer of ownership for the instant commercial building based on the deceased's legacy. At the time of the said legacy, the deceased was judged by dementia and could not accurately express his/her intent to testamentary gift, and Defendant E was reasonable to testamentary legacy the instant commercial building and did not have any objective reasons. Therefore, the registration of transfer of ownership for the reason of the said testamentary gift was made by means of forgery, etc. without the deceased's normal expression of intent or consent.

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