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(영문) 대전지방법원 2016.09.29 2015가합104163
소유권이전등기말소등기 등
Text

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

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

Reasons

1. Presumed facts

A. The network C had three children of F, G, and H between E, and between I and J, K, L, M, N, Defendant B, and six children.

J maintained Q and the plaintiff between P (after the name of P) and P.

B. On August 28, 1998, C drafted a testamentary document stating that each of the real estate owned C will be bequeathed to the Plaintiff and Defendant B as indicated below (hereinafter “instant testamentary document”), and as a testator, C, witness D and witness R signed and sealed each of the instant testamentary document.

Serial Nos. 1,02 square meters in a donee 1,202 square meters in a donee 1,223 square meters in a donee, Defendant B 2, the Daejeon Seosung-gu T. 2, Daejeon Seosung-gu, Daejeon Daejeon, Defendant B 2, Defendant B 466 square meters in a 466 square meters in Daejeon-gu U.S., Daejeon-gu, Daejeon-gu, Daejeon (Defendant B 3 real estate of this case), Plaintiff 5, Daejeon P21 square meters in a 2,221 square meters in a donee 2,221 square meters in a Daejeon-gu, Daejeon-gu, Daejeon-gu, Daejeon, Daejeon-gu, Daejeon-gu, Daejeon (Defendant 1 real estate of this case), Plaintiff 6, Plaintiff 1,617 square meters in a X-source 1,617 square meters in a 71.10 square meters in a 71.10 square meters in a sembarbabro Gaba, 3.90 square meters in a building attached to

C. According to the testamentary document of this case on May 31, 1999, C completed the registration of collateral security and the registration of superficies for the real estate Nos. 2 and 3 of the above Table, which was bequeathed by Defendant B, with the maximum debt amount of KRW 180,620,000,000,000,000,000,000 won, the debtor C, and the Defendant U.S.C.

After July 24, 2004, C completed the registration of ownership of this case on the gift of each of the real estate of this case, which was to be bequeathed by the Plaintiff, to Defendant B on July 24, 2004. Defendant B paid not only the acquisition tax and registration tax related to the registration of ownership of this case but also the remuneration to the tax accountant, and also paid the property tax after August 2005.

E. On April 13, 2005, the real estate Nos. 3 of the above Table was merged into the real estate No. 2, and C sold the said combined real estate to the Z on May 24, 2005, and the sale price.

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