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(영문) 서울고등법원 2015.10.08 2015나2517

부동산명도 등

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The Plaintiff and the Defendants’ relationship with the Plaintiff were married with D on February 11, 1998. Defendant B was born between the husband E before the divorce of Defendant B, and Defendant C was the mother of Defendant B’s outer baby.

On March 12, 2008, the Plaintiff murdered D on the wife, and was sentenced to a judgment of conviction of 7 years for murdering D.

D At the time of murder, there was the plaintiff and defendant B.

Attached Form

The registration and use relation of each real estate listed in the list (hereinafter referred to as "each real estate of this case") 1) the real estate listed in paragraph (1) of the attached Table 1 (hereinafter referred to as "the apartment of this case").

(2) On May 9, 1997, the real estate listed in paragraph (2) of the Attached List No. 2 had been registered for ownership transfer on April 6, 199, respectively. The real estate listed in paragraphs 3 and 4 of the Attached List No. 3 and the registration for ownership transfer was completed on August 16, 2001. (2) The Plaintiff and D have operated the franchise business from July 2001 to the real estate listed in the Attached List No. 2, 3, and 4 (hereinafter “the instant cartel”). Defendant B occupied and used the instant apartment after the Plaintiff was detained for murdering against D, and continued to run the franchise business while occupying and using the instant apartment.

3) Defendant B completed the registration of ownership transfer on January 19, 2009 with respect to the instant apartment on the ground of inheritance. On December 11, 2008, Defendant B completed the registration of ownership transfer on the ground of the instant apartment on the ground of the inheritance, and on the same day on the same day as the cancellation date on January 19, 2009, on the ground of the application by the Bank’s subrogation, Inc., a collateral security right holder, the Plaintiff and Defendant B as co-owner, the registration was completed on January 19, 2009, and the registration was completed on January 19, 2009 to correct Defendant B as a sole owner on the instant apartment.