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(영문) 광주고등법원 2020.11.18 2018나25044

소유권말소등기

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The judgment of the court of first instance is modified by the amendment of this Court as follows. A.

Defendant C shall be attached hereto.

Reasons

Basic Facts

A. A is the father of Plaintiff F, G, network H, and Defendant C due to Earar, and owns each real estate listed in the attached real estate list (hereinafter “each of the instant real estate”).

B. On May 26, 2015, as to each of the instant real estate, the Gwangju District Court’s Naju Registry No. 19164 on June 2, 2015 (hereinafter “instant gift agreement”) entered into an ownership transfer registration for the Defendant C as the owner on the ground that the agreement between A and Defendant C was concluded (hereinafter “instant gift agreement”).

(hereinafter “each registration of ownership transfer of this case”) C.

As to each real estate listed in the attached list Nos. 1, 5, and 10 as indicated in the attached list, Defendant C completed the registration of creation of a mortgage on September 11, 2015 with the Gwangju District Court’s Na-ju registry No. 34435, which was received on September 11, 2015. ② As to each real estate listed in the same list Nos. 1, 2, and 5 through 11, the maximum debt amount was KRW 120,000,000,000,000 for the maximum debt amount, and the debtor C, the debtor C, and the mortgagee D Association as the Defendant D Association on May 23, 2016.

(hereinafter referred to as “the registration of establishment of each of the instant units” by referring to the registration of establishment of creation of a neighboring unit.

Plaintiff

The F applied for the commencement of adult guardianship to A by the Gwangju Family Court 2015-Ma30056, and was decided on July 4, 2016 by the above court to appoint I as an attorney-at-law as the decision to commence adult guardianship and adult guardian.

Since then, a lawyer I applied for the resignation of an adult guardian with the Gwangju Family Court 2016-Ma2082, the above court permitted the resignation of an adult guardian of a lawyer I on April 7, 2017 and decided to appoint A as an adult guardian.

E. A filed the instant lawsuit against the Defendants and died on May 8, 2020, when the instant lawsuit was pending in this court (hereinafter “A”), and Plaintiff F, G, and.