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(영문) 인천지방법원부천지원 2015.06.26 2013가합5410

소유권이전등기

Text

1. The Defendant shall share 19,074/235,557 shares in Plaintiff B, C, and D among the shares of 1,870/3,739 square meters in Gangdong-gu Seoul Metropolitan Government L, respectively.

Reasons

1. Basic facts

A. The parties’ relevant net M (M on May 7, 1979, death, and hereinafter “M”) and network A (A on February 28, 2015, death; hereinafter “A”) were placed under the chain of the Defendant, Defendants B, C, D, E, net G (A, death on August 26, 2014; hereinafter “G”), F (hereinafter “A, Defendants B, C, D, E, G, and F”), and the Plaintiff H, I, and J were children of G, and N is a kh of M.

B. Following the purchase on November 30, 1970 of shares 1,870/3,739, among the 3,739§³, Gangdong-gu Seoul Metropolitan Government L (hereinafter “instant real estate”), M&D on the instant real estate completed the registration of ownership transfer on February 5, 1971, and NN completed the registration of ownership transfer on the ground of the termination of title trust as of June 21, 1996.

C. On the other hand, on March 22, 2011, the Defendant completed the registration of the establishment of a mortgage on the instant real property (hereinafter “the registration of establishment of a mortgage on the instant real property”) consisting of the debtor O (the Defendant’s wife), the mortgagee of a right to collateral security, and the maximum debt amount at KRW 50,000,000.

【In the absence of dispute, Gap's statements, Gap's 1 and 3 (the defendant's certificate, and the above certificate was affixed to his will. However, according to the appraiser P's appraiser P's appraisal result, it is recognized that the following stamp image of the defendant's name is based on the seal of the defendant, and according to the witness R's testimony, it is recognized that the defendant's seal is affixed to the above will at his own will, and thus, the defendant's forgery defense is not accepted), four through seven, and 19 through 23 (which includes a serial number; hereinafter the same shall apply), each statement, witness R, N's testimony, and the whole purport of the pleadings.

2. The Plaintiffs asserted by the parties are based on the premise that the registration of ownership transfer in the Defendant’s name on the instant real estate is based on the title trust.