beta
(영문) 대구지방법원포항지원 2017.06.13 2016가단6833

소유권이전등기 말소

Text

1. As to the Plaintiff’s share of 1/4 of the real estate listed in the separate sheet No. 1, Defendant F and G, respectively,

Reasons

1. Determination as to the claim against Defendant F and G

(a) Indication of the cause of the claim: To be as shown in the attached Form;

(B) However, with respect to Defendant F and G, the Plaintiff’s purport of claim is to be sought as to the inheritance share of each of the above Defendants, and each of the above Defendants’ claims for cancellation is specified as the above Defendants’ 1/4 shares).

Judgment made by Confession: Article 208(3)2 of the Civil Procedure Act

2. Determination as to claims against Defendant B, C, D, and E

A. On November 8, 2005, the Plaintiff filed a lawsuit against Defendant E seeking reimbursement (Seoul District Court Branch of 2005Gadan228). On November 8, 2005, the judgment of the first instance court that “Defendant E shall pay to the Plaintiff the amount equivalent to KRW 26,80,000 and 20% per annum from November 26, 2004 to the date of full payment” was rendered, and the judgment of the first instance became final and conclusive on August 18, 2006 and November 24, 2006 by dismissal of Defendant E’s appeal and appeal.

On the other hand, while Defendant E owned the real estate listed in [Attachment List No. 1] (hereinafter “real estate No. 1”), Defendant E completed the registration of transfer of ownership on August 21, 2003 as to the real estate No. 1 and the registration of transfer of ownership on November 15, 2004, which was based on the promise to trade as of August 10, 2003 by the Daegu District Court Branch Branch Branch Branch Branch No. 70561 on August 21, 2003, and completed the registration of transfer of ownership on November 15, 2004 to the above H on November 15, 2004.

Since then, on February 26, 2014, the above H completed the registration of transfer of ownership on the ground of the gift made on February 24, 2014 by the same court No. 17512 with respect to each of the 1/2 shares of the instant real estate to Defendant C and D, one of his grandchildren and the children of Defendant E.

On the other hand, the above H owned the real estate listed in the separate sheet Nos. 2 through 4 (hereinafter “the real estate Nos. 2 through 4 of this case”), and on February 26, 2014, 1/2 of the above real estate Nos. 2 through 4 of this case to the above Defendant C and D, the same court.