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(영문) 대구지방법원 2015.12.24 2015나11739

소유권이전등기

Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

judgment of the first instance.

Reasons

1. Basic facts

A. The deceased F (the deceased on January 14, 1995, hereinafter “the deceased”) had four ancillarys, including the Defendant and H, between the wife C, and D and I, who are the representative director of the Plaintiff (the former E-stock company), are the husband and wife of H.

B. The Deceased, while serving as the representative director and the auditor of the Plaintiff, resigned on February 19, 1993. On the same day, J resigned on July 7, 1993 after he was appointed as the representative director, and D was appointed as the representative director on the same day.

C. On April 29, 1983, the Deceased acquired G Daegu-gu 818.5 square meters, and newly constructed the real estate indicated in the separate sheet (hereinafter “instant building”) on that ground, and completed registration of preservation of ownership in the name of the Plaintiff on June 29, 1983. The instant building is used as the Plaintiff’s office until now.

On March 30, 1993, the registration of transfer of ownership in the name of D and three others was completed, but the registration of the above D and three others was cancelled on March 21, 1994, as the deceased filed a lawsuit and won the lawsuit.

(The deceased has left the documents necessary for the management of the above land and the construction of the building of this case to D in the above lawsuit, and D argued that it was completed the registration of ownership transfer, and the above assertion was recognized). E

On April 22, 1994, the Plaintiff completed the registration of ownership transfer on the ground of sale on March 28, 1994 (hereinafter “first registration”) to C as the Seogu District Court Branch of the Daegu District Court No. 34071, Apr. 22, 1994.

F. C completed the registration of ownership transfer on the ground of sale on November 7, 2014 (hereinafter “instant second registration”) with respect to the instant building by the Seogu District Court Branch No. 164422, which was received on December 10, 2014.

G. On January 14, 1995, children, including C and the Defendant, who were the spouse, jointly inherited the deceased’s property as a result of the deceased’s death.

[Ground of recognition] A without dispute, Gap evidence 1 to 7, Gap evidence 11, Eul evidence 1, 3, 4, and 8, respectively.