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(영문) 서울남부지방법원 2016.11.30 2015가단59805
소유권말소등기
Text

On February 23, 2011, the defendant filed against the plaintiffs with the Daejeon District Court for the 1119 square meters wide.

Reasons

Basic Facts

On February 21, 2011, the deceased FF (hereinafter referred to as “the deceased”) was transferred from G Hospital to the emergency room of the Taesungsung Hospital located in Yeongdeungpo-gu Seoul Metropolitan Government, and was hospitalized in the intensive care room (patients) around 18:35 on the same day and died on March 1, 2011.

The Defendant (the deceased’s punishment) completed the registration of transfer of ownership on the ground of sale on February 23, 2011, No. 8934, as to the land of this case (hereinafter “instant land”) owned by the deceased, the Daejeon District Court of the Daejeon District Court, the Asan Branch of the Dosan Branch of the District Court for 119 square meters (hereinafter “the instant land”).

(hereinafter “instant transfer registration” (hereinafter “this case’s transfer registration”). Inasmuch as there is no dispute, each entry of Gap 1 through 8 (including number number; hereinafter the same shall apply), the fact-finding inquiry inquiry report to the Gelimo Hospital (hereinafter “the results of the fact-finding inquiry”), and the Plaintiff’s transfer registration of this case’s transfer of ownership is a registration invalidation which was made without a sales contract with the deceased, and thus, the Defendant is obligated to cancel the registration of transfer of ownership of this case to the Plaintiffs.

The Defendant Deceased laid the instant land as a substitute before being hospitalized in the hospital, and the Defendant transferred the deceased’s intention to sell it to himself.

The deceased agreed and agreed to the purchase price of the instant land shall be KRW 130,000,00, and the registration of ownership transfer shall be completed first, and the Defendant paid the remainder to the deceased after paying the deceased’s loan obligations and paying the hospital expenses.

However, a sales contract was not entered into. The Defendant completed the registration of the instant transfer of ownership on February 23, 201, and on March 8, 2011 and on March 25, 201, repaid KRW 91,478,791, and paid the deceased’s medical expenses. On May 17, 2011, transferred the remainder of the purchase price of KRW 30,000,000 to the Plaintiff’s account in the name of the Plaintiff.

Therefore, the transfer of ownership of this case is registered with the deceased.

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