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(영문) 창원지방법원진주지원 2017.06.09 2016가단8219
소유권말소등기
Text

1. The defendant shall pay 1/6 shares of the real estate listed in the separate sheet to Nonparty B (C), D, E, F, G, and H.

Reasons

1. Indication of claim;

A. On January 30, 2013, the Plaintiff entered into a mortgage contract with the deceased as to the real estate indicated in the separate sheet, which is owned by the deceased I (hereinafter “instant real estate”), with the maximum debt amount of KRW 78,00,000,000, and on the same day, completed the registration of creation of a neighboring mortgage on the said real estate.

B. The deceased I died on March 22, 2015. At the time of death, the Defendant, without his/her spouse, was the Defendant, and the Defendant filed a petition for adjudication to waive the deceased I’s property inheritance with the court 2015-Ma237, and this court rendered a judgment on April 29, 2015 that accepted the report on the renunciation of the above property inheritance.

C. The Plaintiff filed an application for ownership transfer registration on March 22, 2015 with respect to the instant real estate on behalf of the Defendant, by gathering the above facts of renunciation of inheritance. Accordingly, the Plaintiff filed an application for ownership transfer registration on the said attached real estate under the name of the Defendant.

At the time of the deceased I’s death, parents had already died, and there were Nonparty B (C) who is a sibling, D, E, F, G, and H.

E. Since Nonparty B, D, E, F, G, and H jointly inherited 1/6 shares of the instant real estate retroactively from March 22, 2015, the deceased on the part of the deceased on the part of the deceased on the part of the deceased on March 22, 2015, the registration of transfer of ownership as described in Paragraph 1 of the Disposition, which was made in the name of the Defendant on the instant real estate, is null and void, the Plaintiff seeks the Defendant to implement the procedure for registration of cancellation of the above transfer of ownership in subrogation of Nonparty B, D, E

2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;

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