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(영문) 대구지방법원 2017.03.22 2016나3858
소유권이전등기말소
Text

1. The judgment of the court of first instance is modified as follows.

1.(a)

Attached Form

3/13 shares of real estate recorded in the list.

Reasons

1. Basic facts

A. On March 8, 1961, Plaintiff He reported a marriage with the deceased H on March 8, 1961, and had the Plaintiff’s litigant (hereinafter “Plaintiff’s litigant”) under the chain, and the deceased on November 23, 2007.

B. On December 10, 1973, the Defendant completed the marriage report with I and two children under the slot, and had two children. Around March 2008, I and I were living together with the Deceased, and the Deceased began to live together with the Deceased in order to comply with the guidelines of the Deceased.

C. As the Plaintiffs opposed to the living together of the Defendant and the Deceased, the Defendant divorced from I on November 29, 2013. On January 3, 2014, after visiting the K Real Estate Office located in the Daegu Dong-guJ with the Deceased to prepare a marriage report, and then receiving it to the Daegu Jung-gu Office on the same day and completed the marriage report (hereinafter “instant marriage report”).

On January 27, 2014, the Defendant visited the above K Real Estate Office with the Deceased and entered into a donation agreement with the Deceased on the real estate listed in the separate sheet (hereinafter “instant real estate”). On January 28, 2014, the Defendant completed the ownership transfer registration (hereinafter “instant transfer registration”) under the Daegu District Court No. 19489, Jan. 28, 2014 on the instant real estate due to the said donation.

E. On March 3, 2014, the Deceased filed a complaint against the Defendant on the charge of forging and utteringing private documents, false entry into public electronic records, and uttering thereof, by asserting that the Defendant forged the relevant documents and completed the instant report of marriage and the registration of transfer thereof. On March 3, 2014, the Deceased filed a lawsuit seeking nullification of marriage against the Defendant on or around March 4, 2014, and filed the instant lawsuit on March 5, 2014.

F. Meanwhile, the Defendant agreed to withdraw a criminal complaint against the Defendant on March 31, 2014 between the Plaintiff D and the Plaintiff who represented the Deceased on his/her behalf.

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