(영문) 수원지방법원 2018.10.16 2017가합10087

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(영문) 수원지방법원 2018.10.16 2017가합10087

소유권이전등기

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1. All of the plaintiff's claims are dismissed.

2. All the costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is D and C's three South Korea, and the plaintiff's siblings E (1 South), the defendant (2 South), and F (4).

B. With respect to each real estate listed in the separate sheet (1) as C owner (hereinafter “one real estate”) on June 20, 2003, the registration of ownership transfer was completed for each one-third share in the name of the remainder E, F, and Defendant (hereinafter “Defendant et al.”) except the Plaintiff on the ground of the gift made before June 20, 203.

C. Two real estate related to each of the real estate listed in the separate sheet (2) (hereinafter “2 real estate”) and the real estate listed in the separate sheet (3) of the attached sheet (hereinafter “3 real estate”) as owned by D, the registration of ownership transfer was completed in the Defendant’s future due to each of the two real estate donated as of August 9, 201; and the third real estate donated as of October 16, 2012 as of October 16, 201.

2. Determination

A. The Plaintiff’s assertion 1) C made an equal donation of real estate to four persons, and the Plaintiff also received 1/4 shares. The Defendant completed the registration of shares 1/3 in the name of three persons, including the Defendant, except the Plaintiff, against the intent of delegation of C, on the basis of the fact that the Defendant’s delegation of the duties of transferring the registration was made by C. Since 1/4 of the registration in the name of the Defendant is the original part that C originally donated to the Plaintiff, the Plaintiff, as the donee of C, sought cancellation of the registration, on behalf of the Defendant, by subrogation of C. As the Plaintiff’s donee of the relevant shares, 2/3 of the real estate was equally donated to the Defendant, and the Plaintiff also received 1/2 shares. The Defendant completed the registration in the name of the Defendant solely against D’s intent to delegate the duties of transferring the registration. Since 1/2 of the registration in the name of the Defendant was the original part that was made by D, the Plaintiff’s subrogation of D’s shares is the part that became invalid.

B. Whether registration in the name of the defendant with respect to 11 real estate was null and void.

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