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(영문) 부산지방법원 2020.01.22 2019가합43838

소유권이전등기

Text

1. The plaintiff's lawsuit against the defendant C and D shall be dismissed.

2. The plaintiff's claim against the defendant B is dismissed.

3...

Reasons

1. Basic facts

A. The status of the party is the spouse of the deceased E, who is the same living together with the deceased E, and the network E and the plaintiff are the same as the time accommodation.

Meanwhile, Defendant B is the spouse of the network E, and Defendant C and D are children between Defendant B and the network E.

B. The real estate ownership transfer registration 1) the network E is each real estate listed in the separate sheet from G on April 29, 1986 (hereinafter “each real estate of this case”).

(2) After the deceased on January 8, 2001, Defendant B, the deceased E’s spouse, purchased each of the instant real estate on May 2, 1986, completed the registration of ownership transfer based on the inheritance by agreement and division as of January 8, 2001. < Amended by Act No. 6371, Nov. 8, 2001>

3) On October 8, 2018, Defendant C and D, the children of the network E and Defendant B, donated each of the instant real property from Defendant B, and completed each registration of the establishment of a mortgage made on October 17, 2018 with respect to each of the instant real property’s 1/2 shares as of October 8, 2018. (C) The network E completed the registration of the establishment of a mortgage made on May 2, 1986 with respect to each of the instant real property as joint collateral on May 2, 1986, with respect to each of the instant real property as to each of the instant real property as the maximum amount of debt 9,90,000,000, the debtor’s network, and the E-mortgage as the Plaintiff.

2) On November 13, 2001, Defendant B completed the establishment registration of a mortgage on each of the instant real estate as joint collateral, based on the contract concluded on November 12, 2001, with respect to each of the instant real estate as of November 13, 2001, the establishment registration of a mortgage on the part of the obligor, Defendant B, and the Plaintiff as the Plaintiff (hereinafter the above) was completed (hereinafter referred to as “the establishment registration of a mortgage on each of the instant real estate”).

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 and 2 (including branch numbers, hereinafter the same)

- The purport of the whole pleadings

2. Determination as to the main defense of Defendant C and D

A. The Plaintiff’s gist of the main defense of safety is objection.