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(영문) 수원지방법원 2015.04.09 2014가단508081

가등기말소

Text

1. The Plaintiff, among the real estate listed in the separate sheet, Defendant B, with respect to the share of 6/91, Defendant C and D, respectively.

Reasons

1. Basic facts

A. E, on June 14, 1995, had five Vietnam, including F, as his/her child, divorced from the Plaintiff, and was living together with the Plaintiff, and died on January 11, 2012.

B. The deceased E had G (ma), H (ma), I (mam), J (Mams and G (Mams and name before life expectancy is referred to as "K), and L (Mams and girls) between the plaintiff and the male division before his marriage. On March 4, 1997, the above G died on and around March 4, 1997, and Defendant B (C), C (ma), and D (Nam) inherited the E's property by inheritance. Each of the above successors' shares of inheritance are as shown in the attached inheritance shares.

C. The registration of ownership transfer under the name of the title trustee M (the wife of the deceased E) was made on November 27, 2005 with respect to the real estate listed in the separate sheet (hereinafter “the apartment of this case”) on November 27, 2005, and the Plaintiff and E had resided in the apartment of this case from June 7, 2006.

M on June 9, 2010, after cancelling the right to collateral security on the instant apartment on July 7, 2010, M made a provisional registration on September 30, 2010 with respect to the instant apartment (hereinafter “instant provisional registration”) stated in the Disposition No. 1 (hereinafter “instant provisional registration”) to E.

E. Thereafter, on September 19, 201, M completed the registration of ownership transfer for the instant apartment on September 14, 201 with respect to the Plaintiff on September 19, 2011.

F. After the death of E, the Plaintiff demanded cancellation of the provisional registration of this case against the above E’s heir, but the above inheritor rejected this request.

G. Accordingly, among E’s inheritors, the Plaintiff filed a lawsuit seeking the cancellation of the provisional registration of this case against the remaining inheritors except the Defendants (U.S. District Court 2013Da53522, hereinafter “instant prior lawsuit”). On December 24, 2013, the Plaintiff was rendered a favorable judgment against the Plaintiff. The said inheritors are dissatisfied with the said judgment (U.S. District Court 2014Na2072) and file an appeal (Supreme Court 2014Da2282666).