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(영문) 청주지방법원 2015.12.17 2014가단16326
소유권이전등기말소
Text

1. On March 31, 2014, the Defendant: (a) on the 2,943 square meters of Cheongju District Court’s Cheongju District Court’s Masan registry office with respect to the Plaintiffs’ answer 2,943 square meters.

Reasons

1. On July 3, 2014, the NetworkJ (hereinafter referred to as “the deceased”) had Nonparty K and the Plaintiffs as children, and died on the part of Nonparty K and the Plaintiffs.

On March 31, 2014, the Defendant completed the registration of ownership transfer (hereinafter referred to as the “registration of ownership transfer”) on the ground of the sale on March 25, 2014, with respect to 2,943 square meters (hereinafter referred to as “instant real estate”) owned by the Deceased, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The registration of transfer of ownership in this case’s assertion is null and void as it is based on the delegation of a deceased’s power, sales contract, etc., or at least on sales intent expressed in a situation where the deceased was unable to express his/her intent, and thus, the registration of transfer of ownership in this case’s assertion is liable to implement the procedure for registration of cancellation of transfer of ownership in this case to the Plaintiffs, on the ground that the registration of transfer of ownership in this case’s assertion is invalid.

B. The Defendant’s assertion that K, the south of the Deceased, was deceased, shall live for a long period of time. The Plaintiff’s disposal of his internal property, and the remainder, after hearing the words “I live in the hospital expenses,” and selling it to the Defendant.” Since L, the staff of the certified judicial scrivener office, directly visited the hospital and confirmed the deceased’s intention to sell it, it is impossible to comply with the Plaintiffs’ claim.

C. In addition to the description Nos. 4, 6, and 1, and the fact-finding results of the fact-finding with respect to the Gamyang University Hospital of this Court, the Deceased was hospitalized in the patient room among the hospitals of the Gamyang University at around March 3, 2014 as symptoms, such as waste collection, face-to-face coloring, acute smoking, and cardiopulmonary resuscitation, around March 3, 2014. The Deceased was hospitalized in the patient room of the Gamyang University at the time of hospitalization.

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