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(영문) 대구지방법원 2015.07.09 2014나18634

소유권이전등기말소

Text

1. Revocation of a judgment of the first instance;

2. All plaintiffs' claims are dismissed.

3. The plaintiffs' total costs of litigation.

Reasons

1. Basic facts

A. G married with H and had three females E, F, Plaintiffs, Defendant C, etc., and Defendant D is the wife of Defendant C.

B. Each real estate listed in the separate sheet (hereinafter “instant real estate”) was owned by G. The female died on May 31, 2012. On June 25, 2013, the registration for transfer of ownership in the name of Defendant C was completed on the ground of inheritance due to the consultation and division between Daegu District Court and the registration office of the Daegu District Court on May 31, 2012. On July 3, 2013, the registration for transfer of ownership in the name of Defendant D was completed on July 2, 2013 as the receipt of the registration office of the Daegu District Court on the ground of donation under Article 76364 of the Daegu District Court on July 3, 2013.

C. E and F filed a judgment on September 6, 2012 upon receipt of a declaration of renunciation of inheritance with the Daegu Family Court 2012 201Ra2180, and upon receipt of the said declaration, H filed a declaration of renunciation of inheritance with the Daegu Family Court 2012Ra2219, and received a judgment on September 13, 2012. The Plaintiffs filed a declaration of renunciation of inheritance with H on August 31, 2012, and voluntarily withdrawn it on September 7, 2012.

When the registration of transfer of ownership in the name of Defendant C is completed with respect to the instant real estate, H and the written agreement on division of inherited property on June 5, 2013 prepared under the name of the Plaintiffs and Defendant C (hereinafter “instant written agreement on division”) are attached to the application for registration of transfer of ownership submitted to the Daegu District Court with the registry office of the Daegu District Court.

E. Meanwhile, Defendant C operated I hotel while working as the representative director of JJ, and Plaintiff B served as the inside director of JJ, and Plaintiff A as the auditor of JJ, respectively.

【Fact-finding without dispute over the basis of recognition】 The evidence Nos. 1-1, 2, 2, and 3-1 to 6, 4, 5, 6-1, 2, and the purport of the whole pleadings

2. The plaintiffs' assertion and judgment

A. The alleged Plaintiffs shall serve as Defendant C on June 2013.