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(영문) 서울서부지방법원 2015.09.18 2014가합7346
소유권이전등기말소
Text

1. The plaintiff's claim of this case is all dismissed.

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

Reasons

1. Basic facts

A. On March 19, 1984, the Plaintiff was a person who completed the report of marriage with D on March 19, 1984, Defendant B was a grandparent between Defendant D and E, and D was dead on July 21, 2014, while being hospitalized in the National Medical Center as a bath on July 21, 2014.

B. Each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) was owned by the network D. On July 30, 2014, the registration of ownership transfer was completed under Defendant B’s name on the ground that the Seoul Western District Court received the donation from July 28, 2014, as Seoul Western District Court Decision 31997.

(hereinafter referred to as "one ownership transfer registration"). (c)

In addition, the registration of transfer of ownership was completed on August 13, 2014 with respect to each real estate of this case under the name of Defendant C as Seoul Western District Court Receipt No. 34651 on August 13, 2014, as to August 12, 2014.

(hereinafter referred to as “second ownership transfer registration”). [Grounds for recognition] The fact that there is no dispute, entries in Gap evidence Nos. 1-3 and the purport of the whole pleadings.

2. The cause of the claim and the judgment thereof

A. The gift contract on each of the instant real property, which is the cause of the claim, is not based on the true will of the network D, and the first transfer registration of ownership is null and void since it was made after the time of death of the network D, and the second transfer registration of ownership, which was made in order based on the registration of the first transfer of ownership, is also null

Therefore, one of the successors of the network D claims against the Defendants for the cancellation of the transfer of ownership No. 1 and No. 2.

B. 1) In addition to the purport of the entire argument in the statement in Gap evidence No. 4, the fact that the deceased D had a cardiopulmonary resuscitation as of July 30, 2014 due to the outbreak of heart suspension around 08:48, and was not born by the National Medical Center of the National Medical Center but by up to 09:37, the first transfer registration is recognized respectively, and the fact that the first transfer registration was received by the Seoul Western District Court on July 30, 2014. However, according to the above fact of recognition, it is determined that the first transfer registration was made after the deceased D's death. 2) However, in the process of registration, the first transfer registration was already made.

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