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(영문) 서울중앙지방법원 2013.09.09 2012가단227045
소유권이전등기말소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The parties’ relevant net E (hereinafter, the deceased) acquired the citizens’ rights of the United States of America, and died on September 11, 2003 under the status of the domicile in California, and the inheritor is the Plaintiff C, B, and the Defendant, the husband of the deceased, and the Plaintiff A, B, and the Defendant, the deceased’s husband.

B. (1) The Deceased (1) completed the registration of ownership transfer with respect to 1/2 shares of each real estate listed in the separate sheet (hereinafter “the instant real estate”) on September 1, 1978.

(2) On August 21, 2003, the Defendant completed the registration of transfer on the ground of donation on the same day with respect to the share of 1/2 of the instant real estate owned by the Deceased on the same day. On September 23, 2003, on the ground of partial cancellation on September 23, 2003, the Defendant filed a registration of change of ownership with respect to the part (2/6 shares) of the deceased on the instant real estate in the name of the Defendant, on the ground of partial cancellation on September 23, 2003, and filed a registration of change of ownership with respect to the registration of transfer in the name

7. The reason for sale was that the registration of ownership transfer with respect to 1/6 portion of the instant real estate was completed.

(3) On March 21, 2011, the Defendant completed the registration of ownership transfer based on testamentary gift on September 11, 2003 with respect to the deceased’s 1/6 share on the instant real estate.

C. Around August 21, 2003, the agreement between the plaintiffs and the defendant completed the registration of ownership transfer on the deceased's share in the real estate of this case due to donation. On September 5, 2003, the plaintiffs and the defendant transferred 1/3 (1/6 of the total share in the deceased's name) out of the shares in the deceased's name as to the real estate of this case to F, and recognized the remainder of 1/2 (1/6 of the total share) as owned by the defendant, and made an agreement to return the remainder of 1/2 (1/6 of the total share in the deceased's name) to the deceased's name (hereinafter the agreement of this case) (hereinafter referred to as "the agreement of this case"), and the plaintiff C drafted each of the above contents (1/6).

The deceased’s will shall be the real estate of this case around August 15, 2002.

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