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(영문) 서울북부지방법원 2015.10.22 2014가합6675
소유권말소등기
Text

1. Among the plaintiff's lawsuit against the defendants, the lawsuit as to the real estate stated in Paragraph 2 of the attached Table shall be dismissed, respectively.

2. Defendant.

Reasons

1. Basic facts

A. The Plaintiff was not in a relationship with F, a mother of E, but became a woman by bringing up F from around 1967.

B. As to each real estate listed in the separate sheet (hereinafter “the instant real estate”), the registration of ownership transfer was completed on October 15, 2001 under the name of F on December 21, 2001, and the Plaintiff was issued a provisional attachment decision of KRW 70 million on April 25, 2006 (Seoul Northern District Court 2006Kadan2605) and completed the provisional attachment registration on April 28, 2006.

C. On October 23, 2006, the Plaintiff completed the registration of ownership transfer in the name of the Plaintiff on the ground of sale as of September 25, 2006, and on October 27, 2006, the registration of provisional seizure was cancelled.

However, with respect to the instant real estate, the registration of ownership transfer in the name of E was completed on December 20, 2012 by the Seoul Northern District Court was received on December 20, 2012 as the receipt No. 83594 on December 20, 2012.

E. On February 24, 2014, E completed the registration of ownership transfer (hereinafter referred to as “the instant registration of ownership”) with respect to each one-third share in the name of Defendant B, C, and D (hereinafter referred to as “Defendant buyer”) on the ground of the receipt of the Dobong Branch of Seoul Northern District Court’s receipt of the Dobong Branch of 10484 on December 30, 2013.

F. Meanwhile, on February 24, 2014, the Defendant’s purchaser completed the registration of establishment of a neighboring mortgage (hereinafter “the registration of establishment of a neighboring mortgage”) under the name of the Defendant National Bank Co., Ltd., Defendant B (hereinafter “Defendant Bank”) (hereinafter “Defendant Bank”) as the maximum debt amount of KRW 336,00,000,000 on the ground of the agreement on the establishment of a mortgage as of February 24, 2014.

G. F: (a) on October 31, 2014, the Real Estate Donation Agreement and the power of attorney under the Plaintiff’s name are forged and exercised by this Court Decision 2014No3733, Oct. 31, 2014; and (b) on the instant real estate, the registration of ownership transfer in the name of E is completed on the ground of a gift made on December 14, 2012.

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