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(영문) 서울남부지방법원 2016.09.23 2015가단236985
소유권이전등기말소 등
Text

1. As to the real estate listed in the separate sheet to the Plaintiff:

A. Defendant B is the Seoul Southern District Court’s Guro-ro Registry on 2011.

Reasons

1. Facts of recognition;

A. (1) The Plaintiff is a deceased E (Death on July 17, 201).

F has been in a de facto marital relationship with the Plaintiff from August 2004, the F has completed the marriage report on May 17, 2012.

Defendant B is F’s words, Defendant C is F’s children, and Defendant D is a long-term person who knows with F.

(2) The F used the name of Defendant B instead of his usual name, and the names of the Plaintiff, their families, and Defendant D were known to “B” during one-year period.

B. (1) The real estate listed in the separate sheet (1) including the transfer of ownership (hereinafter “instant real estate”) was the only property E. However, the Defendant D’s ownership transfer registration (hereinafter “the instant first ownership transfer registration”) was made in the name of the Seoul Southern District Court on May 27, 201 as the receipt of No. 37041, May 23, 201, on the ground of sale and purchase on May 23, 2011, by the Seoul Southern District Court (hereinafter “Seoul Southern District Court”); and Defendant C’s ownership transfer registration (hereinafter “the instant second ownership transfer registration”) was made in the name of the Plaintiff C on April 24, 2012 as the receipt of No. 27392, Feb. 28, 2012, by the same registry office on the ground of sale and purchase on July 23, 2015, as the receipt of No. 65069, Jul. 23, 2015.

(2) On July 23, 2015, the Defendant Woori Bank Co., Ltd. completed the registration of creation of a collateral security (hereinafter “instant collateral security registration”) with the maximum debt amount of KRW 122,650,000,000, and the debtor D, under the same registry office No. 65072.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 4, whole purport of pleading

2. Determination as to the claim against the defendant B

A. (1) The Plaintiff’s assertion (1) did not sell the instant real estate to Defendant B, and the Plaintiff’s assertion in collusion with F and Defendant B, prepared a false document as if the instant real estate was purchased from E, and completed the instant registration of ownership transfer.

3.2

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