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(영문) 제주지방법원 2017.06.08 2015가합11409
소유권이전등기말소 등
Text

1. The defendant,

A. The Jeju District Court with respect to shares of 3/4 of each of the real estate listed in the separate sheet to the plaintiffs.

Reasons

1. Basic facts

A. Both the plaintiffs and the defendant are children of E.

B. E was hospitalized in the emergency department of Jeju University Hospital on September 22, 2015, when he/she resided with the Defendant from May 2, 2015 after undergoing a diagnosis of Madomam on April 2015, and received outpatient treatment, and was hospitalized in the emergency department of Jeju University Hospital on September 27, 2015, and thereafter died at the above hospital on September 27, 2015.

(E) At the time of the death of E, only the Plaintiffs and the Defendant existed as inheritors.

On October 1, 2015, the Defendant completed each registration of ownership transfer in the name of the Defendant (hereinafter “each of the instant real estates”) from No. 10210 to September 23, 2015, on the ground that each of the instant real estates listed in the separate sheet (hereinafter “each of the instant real estates”) owned by E was donated on September 23, 2015.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1, 2-1, 2, 3 through 5 (including each number; hereinafter the same shall apply), 12-13 through 20, and the purport of the whole pleadings

2. Determination as to the plaintiffs' claims

A. First, around the plaintiffs' claim, such as the claim for cancellation of ownership transfer registration, the registration of each ownership transfer of this case is completed by forging the delegation form under the name of E and the donation contract. Even if E expresses its intent to donate each of the real estate of this case to the defendant, it is limited to the situation where it has no capacity to make a decision. Even if not, since the plaintiffs cancelled it by serving a preparatory document as a document as of December 20, 2016, the registration of each ownership transfer of this case is invalid, and the defendant is obliged to perform the procedure for cancellation registration of each ownership transfer of this case to the plaintiffs.

Preliminaryly, the Defendant violated the legal reserve of inheritance of the Plaintiffs, who were all other co-inheritors by receiving all of the instant real estate from E, the Defendant made the procedure for the registration of ownership transfer on August 29, 2016 with respect to each of the instant real estate on the grounds of the return of legal reserve of inheritance on August 29, 2016.

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