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(영문) 부산지방법원 2016.06.14 2015가단55119

인수금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, the Defendant, and the network C were siblingsed, and the network C had the network E, F, etc. between the network D.

B. On May 24, 2013, the provisional registration of the right to claim the transfer of the entire co-owner’s share (hereinafter “the provisional registration of this case”) was completed on May 24, 2013 with respect to G and H’s I and three parcels outside J apartment 701, Dong 904 (hereinafter “instant apartment”).

On the other hand, on March 2, 2011, the establishment registration of the instant apartment was completed on March 2, 201, including the maximum debt amount of KRW 252 million, the debtor K and the National Federation of Fisheries Cooperatives, the debtor K and the National Federation of Mortgage.

C. On December 9, 2013, the provisional registration of this case was cancelled on the same day. The provisional registration of this case was cancelled on the same day.

On the other hand, on March 16, 1978, the registration of ownership transfer was completed with respect to the area of 1,765 square meters of L prior to the land substitution, and on December 2003, the land was replaced with M& 140.3 square meters of M&, N-8.2 square meters of land, and O-161.5 square meters of land.

After the death of the network D with respect to the above M, N, andO land (hereinafter February 2, 2010), the registration of transfer of ownership in the name of the network C was completed due to inheritance due to the consultation division on August 18, 2010, and around May 201, the above land was combined and became a M-sized 450 square meters (hereinafter “instant land”).

E. On May 11, 2011, the registration of ownership preservation was completed in the name of the network C with respect to the five-story neighborhood living facilities on the instant land, and the registration of ownership transfer was completed in the name of F on the same day.

[Ground of recognition] Unsatisfy, Gap evidence 2, Eul evidence 1-1-3, the purport of whole pleadings

2. The parties' assertion

A. On September 1978, the Plaintiff’s assertion 1, Defendant, and the network C purchased the instant land, etc. in the name of the deceased C’s husband under the network D, the husband of the deceased C.

In the event that the price has not been settled, F, the young children of the net C, is in this case.