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(영문) 서울북부지방법원 2017.08.24 2016가단137804
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On June 26, 2002, the deceased D (hereinafter “the deceased”) completed a marriage report with the Defendant and maintained the marriage relationship, and died on April 30, 2016 without his/her child. The Plaintiffs are the parents of the deceased.

B. On October 1, 2001, with respect to No. 202 of Namyang-dong 202, the ownership transfer registration based on the sale on September 11, 2001 was completed in each defendant's name, and the ownership transfer registration based on the sale on September 14, 2004 with respect to the apartment of this case was completed on September 7, 2002.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings

2. Determination on the cause of the claim

A. (1) In order to prepare a new marriage register before filing a marriage report with the Defendant, the deceased who filed a claim for the registration of ownership transfer due to inheritance (1) shall display the amount of KRW 10 million out of the amount provided by the Plaintiffs to the money above KRW 20 million deposited in work for seven years, even though he did not have any share of purchase by the Defendant.

The apartment house of this case was purchased after the marriage report, and it was made possible to purchase the apartment house of this case and live together with the defendant by continuing one-year workplace life even after the marriage report, while engaging in economic activities such as raising revenue while operating a side business even after the retirement.

Therefore, although the registration of the apartment of this case was completed in the name of the defendant alone, the shares of 1/2 of the above apartment became the inherited property of the deceased by the termination of the title trust agreement upon the death of the deceased, although the ownership of 1/2 of the above apartment was owned by the defendant.

Since the portion of the plaintiffs' share is 1/7 each, the defendant is obligated to implement each procedure for the transfer registration of ownership with respect to each share of 2/14 of the above apartment units.

(2) On April 30, 2016, the deceased claiming consolation money was found to have died in the apartment of this case where he resided with the Defendant, and the police treated the cause of death of the deceased as suicide.

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