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(영문) 광주지방법원 해남지원 2018.08.07 2018가단586
진정명의회복을원인으로한 소유권이전 등
Text

1. Defendant G: The real estate listed in the separate sheet Nos. 1 and 2

A. As to the portion of 3/34 shares to Plaintiff A, B.

Reasons

1. Basic facts

A. The deceased J (hereinafter “the deceased”) married with the deceased K and placed L with the Defendant G under the slock, and, after the death of the deceased, the Plaintiff A and the Plaintiff B, C, D, E, and F were married with the deceased.

B. Defendant G married with Defendant I, and Defendant H is a child born between Defendant I and his former spouse.

C. The Deceased died on January 17, 2018.

At the time of the death of the deceased, there was no active or negative property in the name of the deceased.

E. Each real estate listed in the separate sheet is those owned by the deceased, and the ownership transfer registration was completed in the name of the Defendants as shown in the attached Table before the deceased’s birth.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 15 (including branch numbers for those with additional numbers), Eul evidence 1, the purport of the whole pleadings

2. Judgment as to the main claim

A. The Defendants asserted that the Plaintiffs purchased or donated each real estate listed in the separate sheet from the deceased, and completed the registration of ownership transfer by taking advantage of the fact that the deceased was unable to make a normal judgment due to dementia, etc., by taking advantage of the status that the deceased could not make a normal judgment due to dementia.

Therefore, the registration of each transfer of ownership completed in the name of the Defendants as to each real estate listed in the separate sheet is null and void because it is made on the basis of the registration null and void. Since the Plaintiffs were co-owners who inherit the real estate listed in the separate sheet from the deceased according to their respective inheritance shares, the Defendants are obliged to implement the procedure for the registration of transfer of ownership based on the restoration of their respective authentic names with respect to the inheritance shares of the Plaintiffs among the real estate listed in the separate

B. Since the ownership transfer registration of the relevant legal doctrine on real estate has the capacity to presume the right, the point of disputing this.

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