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(영문) 서울동부지방법원 2014.11.27 2013가합13502
지분이전등기말소 등
Text

1. As to the real estate listed in the attached Table 1 list between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff), Defendant C, and D.

Reasons

Basic Facts

Non-party status E (Death around December 29, 1996) and Defendant B are married couple and Non-party deceased F (Death on December 9, 2008, hereinafter “the deceased”), Defendant C, Non-party G, H, and network I are children between the deceased E and the Defendant.

Defendant D is the husband of H, and Nonparty J is the wife of G.

The deceased and the non-party K are married, and the plaintiff and the non-party L are children between the deceased and K.

With respect to the instant real estate, such as the change in the owner’s title of the instant real estate, the registration of ownership preservation was completed on January 7, 1995, and on April 9, 2002, the maximum debt amount of K was KRW 104,00,000, the debtor, K and mortgagee, and the debtor had completed the registration of ownership transfer on the ground of inheritance due to the consultation and division on December 9, 2008. The registration of ownership transfer was completed on August 6, 2009, when the deceased died.

On April 15, 2010, the Plaintiff completed a share transfer registration on April 14, 2010 with respect to the share of 1/10 of the instant real estate to Defendant B on April 15, 2010.

On April 10, 2013, the National Bank applied for voluntary auction to the Seoul Eastern District Court M on the registration of the establishment of the above neighboring mortgage, and received a decision to commence voluntary auction from the above court, and withdrawn the above application on May 14, 2013.

After that, the National Bank applied for voluntary auction by N of the Seoul Eastern District Court on October 4, 2013, which was decided to commence voluntary auction by the above court, and withdrawn the above application on July 1, 2014.

Defendant B remitted 40,000,000 won to H’s account on September 18, 2002, and H withdrawn 80,000,000 won on September 18, 2002, and Defendant B paid 30,000,000 won to the Deceased on December 26, 2002.

G transferred KRW 30,00,000 under the name of J on May 6, 2005, KRW 70,000,000 under the name of G, and KRW 100,000,000 in total, to Defendant H’s account. H transferred KRW 110,000,000 from its own account on May 9, 2005.

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