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(영문) 서울고등법원 2018.10.17 2018나2014944
소유권이전등기
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The plaintiffs and the defendant are children E (Death of April 23, 2003) and F (Death of December 11, 2006).

B. At the time of death, F (hereinafter “the deceased”) had each real estate listed in the annexed real estate list in its name.

C. Defendant C established the Defendant Foundation on June 7, 2007.

On June 11, 2007, Defendant C completed the registration of ownership transfer based on inheritance by agreement division on December 11, 2006 with respect to each real estate listed in the attached real estate list on June 11, 2007. On June 11, 2007, Defendant C completed the registration of ownership transfer based on the contribution on June 7, 2007.

E. On May 8, 2012, Defendant C completed the registration of transfer of ownership based on the division of property on January 11, 2012 to G, the former wife on May 8, 2012.

[Ground of recognition] Facts without dispute, Gap 1 through 8 evidence, Eul 2 evidence, the purport of the whole pleadings

2. The Deceased, who caused the Plaintiffs’ claim, proposed that all of the real estate listed in the attached real estate list should be used for public works, and Defendant C promised that all of the above real estate should be used for public works, and the Plaintiffs agreed to divide the inherited property that transferred the ownership of each of the above real estate to Defendant C.

However, Defendant C only operated a profit-making business through the real estate items 1, 2, and 3 of the attached Table 1, 2, and 3 of the real estate list to be donated to Defendant C, but did not use the profit for the public interest business, and even if the profit was used for the public interest business, it is merely limited to the appearance like the implementation of the public interest business due to the lack of the record, and ② it did not donate the real estate items 4, 5, and 6 of the attached Table 4, 5, and 3, in the method of transferring the Defendant Foundation.

Therefore, the reason that Defendant C deceivings the plaintiffs and defrauds each of the above real estate.

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