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(영문) 서울북부지방법원 2019.11.07 2018가합23401
소유권이전등기
Text

1. The plaintiff's claim against the defendants is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff’s assertion, Defendant B, I, J, and K are children of the deceased father M (hereinafter “the deceased”), and L is the deceased’s heir as the deceased’s spouse.

The Defendant B completed the registration of ownership transfer on June 18, 2008 due to the reason that he received a donation from the Deceased on May 28, 2004, each of the real estate listed in the separate sheet No. 1 (hereinafter “the gift No. 1”) on May 31, 2004, and received a donation on June 16, 2008 (hereinafter “the gift No. 2”). After purchasing the real estate listed in the separate sheet No. 2 from Defendant G and Defendant H completed the registration of ownership transfer on June 18, 2008, he newly constructed each of the real estate listed in the separate sheet No. 3 on the land, and then completed the registration of ownership transfer on each of the real estate’s shares on each of the real estate listed in the separate sheet No. 1/2, and completed the registration of ownership transfer after purchasing each of the real estate listed in the separate sheet No. 3 newly constructed by Defendant D and Defendant E as above.

However, at the time of donation Nos. 1 and 2 of this case, the deceased was in a state of mental capacity due to brain functional illness due to mental fission, Albuses, Dementia, and pre-faception cancer treatment. The registration of transfer of ownership on each real estate in the attached Tables 1 and 2 List, which was completed in the future of the defendant B, was made on the ground of gift Nos. 1 and 2 of this case concluded between the deceased and the deceased who had the capacity to perform his duties as above, and 11/13 of shares except for the shares inherited by the defendant B (2/13) should be cancelled on the ground

① Accordingly, Defendant B is obligated to implement the registration procedure for ownership transfer based on the restoration of real name with respect to 3/13 shares in each of the real estate listed in the separate sheet Nos. 1 and 2 with respect to the Plaintiff, I, J, and K, as well as 2/13 shares in each of the real estate listed in the separate sheet No. 1 and 2, and the respective registration for ownership transfer stated in the separate list No. 3 and the separate list.

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