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(영문) 창원지방법원진주지원 2015.08.12 2014가단1832

소유권이전등기

Text

1. The plaintiff's main claim is dismissed.

2. Of the Plaintiff’s preliminary claim, the part of the Plaintiff’s claim against Defendant C.

Reasons

1. Facts of recognition;

A. I shared 3/7, Defendant D, and E respectively, 2/7 of the real estate listed in the 1st list, but they completed the registration of ownership transfer made on December 24, 2002 to Defendant B for sale.

(B) Defendant G and H inherited the property of Defendant G and H on October 15, 2010.

On March 17, 2006, Defendant B completed the registration of ownership transfer for Defendant C on the ground of donation as to the real estate of Schedule 1 Table 2.

C. On August 23, 2006, Defendant B completed on August 23, 2006 the registration of creation of superficies over 30 years from the date of the establishment of the duration, as to the real estate list 1, the maximum debt amount of KRW 14 billion, the entire registration of establishment of the mortgage and the scope of the land adjacent to Defendant C, Defendant C, and the duration of the land

On the other hand, Defendant F owned three listed real estate, but completed the registration of ownership transfer based on sale to Defendant B on April 3, 1992.

E. On May 28, 1997, Defendant B completed the registration of creation of superficies with the maximum debt amount of KRW 194 million, the entire land and the scope of the establishment of the mortgage over the debtor B, and 30 days from the date of the establishment of the duration regarding the third real estate list to the Jinju Livestock Cooperative. On August 28, 2006, the registration of the establishment of neighboring mortgages and the registration of the creation of superficies was cancelled.

F. On July 11, 2008, Defendant B completed the establishment registration of a mortgage over the third inventory real estate with the maximum debt amount of KRW 26 million with respect to the third inventory real estate, the debtor B, and the debtor (i.e., the change of the maximum debt amount of KRW 65 million with respect to the third inventory real estate). On October 26, 2010, Defendant B completed the establishment registration of a mortgage over the debtor B with respect to the National Agricultural Cooperative Federation.

G. The Plaintiff is the father of Defendant B, and the Defendant B and C are married couple around 1989, and the divorce lawsuit is pending between the two parties since August 2013.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 (including each number), the purport of the whole pleadings

2. Judgment on the main claim and the first preliminary claim

A. The plaintiff.