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(영문) 대구지방법원안동지원 2015.04.27 2014가단1461
소유권이전등기말소등 청구
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. A party-related network A (hereinafter “the network”) married with H and formed six South Korea, including Defendant F, Plaintiffs, and I, under the chain.

Defendant G is the wife of Defendant F, the deceased and H.

The Deceased died on October 15, 2014 in the instant lawsuit.

B. On September 24, 2010, the Deceased completed the registration of ownership transfer based on each gift, i.e., 2068/3899.2 shares to Defendant F, and shares to Defendant G, 1831.2/389.2 shares, on September 24, 2010, with respect to the land size of 389.2 square meters which is the deceased’s possession.

(hereinafter the above real estate is referred to as the "real estate of this case", and the defendants' future registration of transfer of ownership is referred to as the "registration of transfer of ownership of this case" / [based on recognition] Gap evidence Nos. 1, 3, and 19 (including additional numbers) and the purport of the whole pleadings.

2. The assertion and judgment

A. (1) Around September 24, 2010, Defendant F claimed the Plaintiffs’ assertion (1) by using violence, such as searching for the Deceased who was in a were frighted due to decrepit and bating bat, etc., and making the Deceased fright donate the instant real estate, and completing the instant procedure for ownership transfer registration on the ground thereof.

Since such acts of Defendant F violate good morals and other social order, the donation to the Defendants by the deceased is null and void in accordance with the provisions of Article 103 of the Civil Act.

Therefore, shares of 2/15 of the transfer registration of ownership of this case inherited by the plaintiffs should be cancelled as the registration of invalidity of cause.

(2) Even if the deceased’s gift to the Defendants is not null and void, the Defendant F promised to perform his duty to support the deceased’s husband and wife by, for instance, by the Defendant husband and wife, who is the mother’s husband and wife fully bears the living expenses and hospital expenses. The deceased believed this and donated the instant real estate to the Defendants, and completed the registration of ownership transfer as to the instant real estate.

However, Defendant F has completed the registration of ownership transfer of this case.

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