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(영문) 창원지방법원통영지원 2016.05.19 2015가합11218
소유권이전등기
Text

1. Defendant B, C, D, E, and F are listed in the separate sheet Nos. 1 and 2, respectively.

Reasons

1. Basic facts

A. On March 3, 194, the deceased K and the defendant B had the Defendant C, the Plaintiff, the Defendant D, the Defendant E, and the Defendant F as the legal couple and children who completed the marriage report on March 3, 194.

Meanwhile, Defendant G, Defendant H, and Defendant I were born between K and Nonparty L, but K reported the birth of the said Defendants as a natural father born between the said Defendants.

B. From June 30, 1936 to May 12, 1994, K completed the registration of ownership transfer based on family inheritance or sale and purchase as to each real estate listed in the separate sheet Nos. 1 and 2 (hereinafter “each real estate of this case”).

C. Following the death of K on July 5, 1997, the plaintiff and his children, who are his wife, and the remaining Defendants (excluding the defendant J), succeeded to K's property according to the inheritance shares in the separate sheet 3 attached hereto.

On the other hand, Defendant J received a decision of provisional seizure against Defendant H on December 3, 2014 with respect to the shares of Defendant H among each real estate listed in the separate sheet No. 1, as Busan District Court 2014Kahap1513 on December 3, 2014. Defendant J completed the registration of provisional seizure on each real estate listed in the separate sheet No. 1 on January 20, 2015 in accordance with the inheritance shares listed in the separate sheet No. 3 on behalf of Defendant H on behalf of the Plaintiff and Defendants (excluding Defendant J) on July 5, 197, and completed the registration of provisional seizure on January 28, 2015.

E. Defendant J filed a lawsuit against Defendant H seeking payment of the agreed amount as Busan District Court 2014Gahap13924, and the above court rendered a judgment in favor of Defendant J on April 1, 2015. The above judgment was dismissed, respectively, and became final and conclusive October 26, 2015.

Defendant J, based on the executory exemplification of the above judgment, received a decision to commence compulsory auction by Defendant H’s share of each real estate listed in the attached Table 1, as Changwon District Court M through the Changwon District Court.

[Ground of recognition] Defendant B, C, D, E, and F: Confession (Article 150(3) of the Civil Procedure Act) Defendant G, H, I, and J: The absence of dispute, A’s evidence No. 1 to 23, and A’s evidence No. 2

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