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(영문) 서울중앙지방법원 2016.09.08 2016가단5023277

소유권말소등기

Text

1. Defendant H:

A. Defendant B shall have jurisdiction over the real estate listed in Section 1 of Schedule 1 attached hereto.

Reasons

1. Basic facts

A. Defendant H is the original owner of the real estate listed in Section 1 of the Attached Table 1 (hereinafter “instant real estate”) and the real estate listed in Section 2 of the Attached Table 1 (hereinafter “instant real estate”)

B. Defendant H’s gift of real estate to the Plaintiff (1) was married with I (Death on November 7, 1982) on March 20, 1946, and reported the birth of the Plaintiff as the natural father on January 10, 1972, and the Plaintiff was registered as the only child of Defendant H on the family relation certificate, but in fact, Defendant H was married with other males other than I.

(2) The Plaintiff received 17.823/523.6 shares from Defendant H among the real estate listed in attached Table 2’s Schedule No. 1, 6/8 shares among the real estate listed in attached Tables No. 2’s Schedule No. 2’s Schedule No. 3 and 4, 3/4 shares among the real estate listed in attached Tables No. 5 and 2’s Schedule No. 5 and No. 7 through No. 16, and completed the registration of ownership transfer in the name of the Plaintiff.

(3) On May 7, 2009, the Plaintiff received a donation with respect to the instant real estate No. 1 from Defendant H, and the registration has not been completed until now.

C. Upon the lapse of the lawsuit between the Plaintiff and Defendant H, Defendant H filed a lawsuit against the Plaintiff for cancellation of ownership transfer registration regarding real estate listed in the attached Table 2, and the outcome of the judgment by instance of the said lawsuit is as follows.

According to the judgment of the court on the date of declaration of case number of the first instance court on November 3, 2009, the Seoul Central District Court 2009Dahap124297 decided Feb. 18, 2010, the second instance court’s rejection of the claim of H on March 16, 2010, Seoul High Court 201Da36534 decided Apr. 20, 201, which was the Plaintiff’s total cost of the lawsuit seeking the revocation of the judgment of the first instance court on April 13, 2011, which was the Seoul High Court 201Da124297 decided Oct. 3, 2009, and the Seoul Central District Court 201Da36534 decided Apr. 20, 201 and remanded to the court below on December 14, 2012, the Seoul High Court 201 or 909Da3655 decided Dec. 16, 2015