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(영문) 대구지방법원 2015.04.09 2013나18767
소유권이전등기 등
Text

1. Of the judgment of the court of first instance, the plaintiff with respect to the ancillary claim that orders payment below.

Reasons

1. Basic facts

A. C with respect to real estate listed in the separate sheet on November 4, 1987, on April 3, 197, each registration of ownership transfer with respect to real estate listed in the separate sheet on April 3, 197, each registration of ownership transfer with respect to real estate listed in the separate sheet on July 2, 1990, registration of ownership transfer with respect to real estate listed in the separate sheet on April 4, 1985, registration of ownership transfer with respect to real estate listed in the separate sheet on November 13, 1985, and registration of ownership transfer with respect to real estate listed in the separate sheet on June 26, 1987.

(hereinafter above each real estate is indicated only by the sequence in the separate list). (b)

As of April 7, 2011, the registration of transfer of ownership in the name of D on March 31, 201, and the registration of transfer of ownership in the name of E on January 7, 2010 on December 24, 2011, was completed on March 31, 201.

C. Meanwhile, the Defendant completed the registration of ownership transfer on November 22, 201 with respect to real estate Nos. 1 and 2, and on November 23, 201 with respect to real estate Nos. 3 and 4, respectively, on November 21, 2011 (hereinafter “instant registration of ownership transfer”).

C (hereinafter “the deceased”) died on November 24, 201, and the deceased’s property succeeded to the ratio of 3/7 shares, F, and 2/7 shares, respectively, by the Defendant, who is the wife of the deceased.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 6, testimony of Gap witness G of the first instance court, purport of whole pleadings

2. Judgment as to the main claim

A. The Plaintiff’s donation made on November 21, 201 to the Defendant of the Deceased’s assertion was made in the state of having no mental capacity due to dementia and various diseases, such as dementia diagnosed on February 28, 2011 by the Deceased, and even if it is not a domestic affairs, the transfer registration of ownership in the instant case is null and void on the basis of a forged donation contract with the Defendant stolen the decedent’s seal impression, and thus, the Defendant’s transfer registration is deemed to have been completed on the basis of the forged donation contract. Therefore, the Defendant’s transfer registration on the part of the real estate 1 through 4 is based on the restoration of

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