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(영문) 서울남부지방법원 2017.07.06 2016나7055
소유권이전등기말소등기
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. Since around 1983, H completed the marriage report on May 20, 198 with Defendant C and May 20, 198, following the death of the former wife L, and H filed a lawsuit claiming divorce, consolation money, division of property, etc. from Defendant C around October 1997.

B. H was diagnosed by Albi Me’s dementia, which was affected by judgment or daily life ability on February 27, 2001, and was sentenced to a quasi-political declaration on December 21, 2001, and the Plaintiff, a child of the former wife, had a disability of 1st degree in cerebrovasa.

C. The Justice’s husband and wife, who had been employed by H as the government of H, will maintain the H’s property in the above divorce lawsuit, and upon delegation of all rights to the real estate owned by H, including the land indicated in the purport of the claim (hereinafter “instant land”) by deceiving H and his/her family members, and was also issued documents necessary for the registration of transfer of ownership.

However, K attempted to acquire each of the above real estate and was detained due to the suspicion of fraud. On May 22, 2001, K prepared a written agreement with H in the presence of Defendant C, and there is a content that M apartment Nos. 7-dong, N apartment Nos. 7, and O apartment Nos. 705 on the land of this case should complete the registration of ownership transfer due to donation to Defendant C, but the cost such as taxes and public charges should be borne by H.

E. According to the above agreement, with respect to the instant land and the instant aggregate building owned by H, the registration of ownership transfer in the name of Defendant C was completed on July 12, 2001 due to the gift on October 15, 2001, the registration of ownership transfer in the name of Defendant D due to the sale on October 15, 2001, the registration of ownership transfer in the name of Defendant E was completed on June 29, 2004, and the registration of ownership transfer in the name of Defendant F on November 18, 2009.

F. However, the defendant C's judgment dismissing a claim for divorce on April 8, 199, the judgment dismissing the appeal on October 7, 1999, and the judgment dismissing the appeal on February 25, 200.

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