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(영문) 대구지방법원영덕지원 2013.08.13 2012가단216

소유권이전등기 말소

Text

1. The plaintiff's respective claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The registration of preservation of ownership in Defendant B’s name was completed on April 16, 199 as to the real estate listed in the separate sheet No. 1 (hereinafter “the instant building No. 1”) as indicated in the separate sheet No. 3401, which was received on April 16, 1999.

B. As to the building No. 1 of this case, the registration of ownership transfer (the cause of the registration: the donation on August 18, 2013) was completed with No. 7237 of the Daegu District Court’s Young-gu District Court’s Young-gu Co., Ltd. No. 7237 on August 22, 2003, as to the building No. 1 of this case.

C. The registration of ownership preservation in the name of Defendant E was completed on May 29, 1995 as to the real estate listed in the separate sheet No. 2 (hereinafter “the instant building No. 2”) under the receipt of No. 7674 on May 29, 1995, such as the Young District Court Young-gu District Court

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 3 (including evidence with a serial number), the purport of the whole pleadings]

2. Summary of the parties’ assertion

A. The summary of the Plaintiff’s assertion 1) The building of this case as to Defendant B, Defendant D, and Defendant C is the Plaintiff’s mother’s proprietary property and Defendant B’s mother’s registration of the above building as the joint ownership of 7 South Korea including Defendant B and the Plaintiff. However, Defendant B voluntarily made registration of ownership preservation on the above building, and Defendant B voluntarily made registration of ownership preservation on its own name, and other remaining copies, including the Plaintiff, and Defendant B made registration of ownership preservation on August 20, 199, around August 20, 199, to the effect that “The building of this case was registered under the name of the principal, but its ownership is to be owned as joint ownership between South and North Korea” (hereinafter “each of this case”).

was drawn up.

Nevertheless, on August 22, 2003, Defendant B completed the registration of ownership transfer on the ground of donation on the above building on August 22, 2003, in the future, Defendant C and D, who is the child of the above Defendant, and even though Defendant C and D knew that the above building was jointly owned by all other women including the Plaintiff, they received the said registration of ownership transfer. The above Defendants in collusion and completed the said registration of ownership transfer.