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(영문) 울산지방법원 2016.04.06 2015나2614
소유권말소등기
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

Basic Facts

The Plaintiff is the father of the Defendants, and G is the mother of the Defendants.

G With respect to the right to claim a division of property following the divorce against the Plaintiff on August 9, 2004 as the right to be preserved, the G completed the provisional disposition on August 12, 2004 with respect to the real estate of 1/2 shares, among the real estate of 2,317 square meters (hereinafter “D land”), E field 817 square meters (hereinafter “E land”), F field 400 square meters (hereinafter “F land”), and H field 2,608 square meters (hereinafter “H land”) owned by the Plaintiff as the Ulsan-si District Court 2004 business group310, Ulsan-si District Court (hereinafter “D land”).

However, on August 30, 2004, the registration of provisional disposal of real estate with respect to 1/2 shares in H land was cancelled by the Ulsan District Court Yangsan District Court No. 37659 on September 2, 2004 on the ground of partial cancellation.

On September 16, 2004, the Plaintiff filed a lawsuit for divorce by Ulsan District Court 2004Ddan8470 against G.

On August 17, 2004, the registration number of the cause of the land subject to the title holder BD land No. 1,317/2,317 shares No. 39423, Sep. 8, 2004, the Ulsan District Court Yangsan District Court No. 39423, Sept. 8, 2004, which held Defendant C1,000/2,317 shares in Defendant B E land No. 417/817 shares, Yangsan District Court Yangsan District Court No. 39424, Sept. 8, 2004, Defendant C400/817 shares No. 39425, Sept. 8, 2004, the Plaintiff completed the registration of the transfer of ownership with respect to each of the real property of this case as indicated in the table following September 8, 2004.

In the Ulsan District Court case No. 2004ddan8470 decided February 24, 2005, the decision of recommending reconciliation was confirmed on March 18, 2005, and the plaintiff and G were divorced from the plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 1 (including branch numbers), the purport of the whole pleadings, and the plaintiff's assertion.

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