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(영문) 광주지방법원 2017.08.25 2016나55406
소유권이전등기
Text

1. All appeals filed by the plaintiffs are dismissed.

2. On the ancillary claim that the plaintiffs added to this Court:

Reasons

Basic Facts

The deceased A (hereinafter referred to as the "the deceased") is referred by the defendant B, and the defendant B and the defendant C are married.

On October 29, 2014, the Deceased completed the registration of ownership transfer on October 20, 2014 with respect to the portion of 19/23 out of the real estate listed in the separate sheet Nos. 1 through 9 and the real estate listed in the separate sheet No. 10 on October 20, 2014.

(hereinafter “instant donation”). On November 7, 2014, Defendant B created, respectively, the right to collateral security, with respect to each real estate listed in the separate sheet Nos. 1 and 2, to Defendant C with respect to the debtor B, the maximum debt amount of which is KRW 36,00,000,000, with respect to each real estate listed in the separate sheet Nos. 1 and 2, and the right to collateral security, with respect to each real estate listed in the separate sheet Nos. 3 through 9, with respect to Defendant Young-gun Forestry Cooperatives, respectively, at the Defendant Young-gun Forestry Cooperatives.

(hereinafter “instant mortgage contract”). On January 28, 2015, Defendant B completed the registration of partial transfer of ownership on the ground of a gift made on January 27, 2015, with respect to the share of 1/2 of each of the real estate listed in the separate list Nos. 1 through 9 and the share of 19/23 of the real estate listed in paragraph (10) and the share of 19/46 of the real estate listed in the separate list No. 1 through 10.

On January 28, 2015, Defendant B and Defendant C decided to combine each of the real estate listed in [Attachment List Nos. 1 to 9] on January 28, 2015, the transfer of ownership was partially registered.

As a result, Defendant B and Defendant C are registered as joint owners of each real estate listed in the attached list Nos. 1 to 9 and joint owners of each real estate listed in paragraph 10(10).

On the other hand, the deceased died on December 21, 2016, and accordingly, the plaintiffs who jointly inherited the deceased's property as the deceased's child, taken over the litigation procedure of this case when they were in the trial.

[Ground of recognition] There was no dispute, Gap evidence Nos. 1 and 23 (including additional numbers), and the purport of the entire pleadings by the plaintiffs, and there was no donation of each real estate in the separate sheet to defendant B on October 20, 2014.

The Deceased is the birth of 1933.

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