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(영문) 춘천지방법원 2015.11.11 2013가단9270
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The facts following the facts do not conflict between the parties, or each entry in Gap evidence Nos. 1 and 5 evidence Nos. 1 to 4, 3, and 6 may be admitted by taking into account the whole purport of the pleadings. A.

The plaintiff is the wife of C, and the defendant is the mother and child relationship.

B. On April 20, 2012, the Plaintiff completed the registration of transfer of ownership with respect to real estate listed in [Attachment List 5] on April 20, 201, and the registration of transfer of ownership with respect to 3/9 shares among real estate listed in [Attachment List 1) through (4) on June 27, 2012, based on inheritance on December 31, 201.

(hereinafter referred to as “instant real estate”) real estate listed in the separate sheet C.

The Defendant completed the registration of ownership transfer on June 20, 2013 with respect to the real estate under paragraphs (1) through (4) of this case, and on June 21, 2013 with respect to the real estate under paragraph (5) of this case on June 19, 2013, respectively.

(hereinafter “instant transfer registration”) D.

On August 12, 2013, the Defendant rendered a partition of co-owned property on the instant Claim Nos. 1 through 4, which is co-owned property D, E, and co-owned property. The real estate Nos. 1, 2, and 4 of this case was owned solely by D and E, and the Defendant’s real estate No. 3 of this case was owned solely by the Defendant, and completed the registration of ownership transfer on August 14, 2013.

2. Judgment on the plaintiff's claim

A. The plaintiff asserts that the defendant detained the plaintiff on an empty apartment in Chuncheon City F, and forced the plaintiff's bank to go to the Myeon office and forced the plaintiff to obtain a certificate of personal seal impression. Since the defendant completed the registration of ownership transfer of the real estate of this case due to the gift from the plaintiff using the certificate of personal seal impression, the defendant asserts that the plaintiff is obligated to cancel the registration of ownership transfer of this case.

As to this, the defendant decided to waive 3/9 of the real estate in this case, but in light of the circumstances, the registration of ownership transfer has been completed in accordance with 3/9 shares in the plaintiff's future.

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