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(영문) 대구지방법원 2019.06.20 2018나313610
지료
Text

1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim corresponding to the above revocation part.

Reasons

1. Basic facts

A. D (C. 14 January 1995, 1995, husband, death) had children as F, G, H, H, Plaintiff, and I (pre-name:J) between E (her spouse) and K in a de facto marital relationship.

D and E reported the birth of L as a natural father on October 29, 1985, and L is registered as his natural father in the family relations register.

B. On April 29, 1983, D purchased 3/15 square meters in Seo-gu, Daegu-gu (hereinafter “instant land”) and completed the registration of ownership transfer on the same day. On June 19, 1995, E, after D’s death, completed the registration of ownership transfer for 2/15 shares in each of the instant land, due to inheritance.

C. Since November 9, 2009, L received 87,000,000 won at the price according to the conciliation in the case of partition of co-owned property as of 2/75 shares (total 2/15 shares) of the land of this case from F, G, H, H, Plaintiff, and I, according to the conciliation in the Daegu District Court Family Branch of 2009Du70 on November 9, 2009, L completed the registration of ownership transfer on November 19, 2012, G completed the registration of ownership transfer on November 12/75 shares (=2/75 shares prior to L transfer 2/15 shares) among the land of this case owned by oneself, and E completed the registration of ownership transfer in the future of I on December 10, 2014.

The defendant is a corporation established on July 8, 1969 for the purpose of passenger transport business (the trade name before the change on July 29, 1993): D from the establishment of the defendant to February 19, 193; D from February 19, 193 to July 7, 1993; P (G husband) was jointly entrusted from July 7, 1993 to October 29, 201 to P and Q Q, which were their ancillary.

E. Meanwhile, on April 22, 1994, E completed the registration of ownership transfer based on sale on March 28, 1994 with respect to a building on the instant land owned by the Defendant (hereinafter “instant building”), and thereafter I completed the registration of ownership transfer on December 10, 2014.

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