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(영문) 대구지방법원 2019.07.17 2018나319120
소유권이전등기말소등
Text

1. Revocation of the first instance judgment.

2. The Plaintiff:

A. Defendant B: (a) on December 29, 2017, the vice-branch of the Daegu District Court in 2017.

Reasons

1. Basic facts

A. On January 10, 1919, when the G was assessed on January 10, 1919, KRW 1817 (hereinafter “instant real estate”) around Daegu-gun, the registration of preservation of ownership was completed in the name of H on April 8, 1931.

B. According to the register on January 8, 1931, it is stated that the registration of transfer was completed on January 8, 1931 on the ground of a partial sale on February 20, 1931. In light of the grounds for registration, the date of registration and the receipt number of the registration, etc., the "the date of the registration fee" appears to be a clerical error.

With respect to three-fourths of the instant real estate, the registration of ownership transfer was completed in the name of I, J, and K, one-fourths of shares, and with respect to the remaining one-fourths of shares, the registration of ownership transfer was completed in the name of H descendants on May 26, 2005.

C. On October 11, 2016, L succeeded to the above 1/4 shares (hereinafter “instant real estate shares”) in Australia due to the death of J, and L died on March 25, 1997, the registration of ownership transfer was completed on October 11, 2016 with respect to the instant real estate shares due to inheritance in the name of M.

M on October 20, 2016, to Defendant B, the share of 1/8 of the instant real estate was donated to Defendant C and D each of the shares of 1/16 to Defendant C and D (hereinafter “each of the instant gift agreements”), and on October 21, 2016, M completed the registration of ownership transfer to the said Defendants.

E. M is his husband and wife, and Defendant B is his children.

Defendant C and D are women, and the father X of Defendant C’s spouse Q is adopted by J.

F. On May 6, 2010, the Plaintiff filed a lawsuit for the registration of ownership transfer, etc. (hereinafter “related lawsuit”) against H’s 1/4 equity successors in the instant real estate as the Seo-gu District Court Branch Branch Decision 2009Gahap2805, the Plaintiff received a favorable judgment against the said successors on May 6, 2010, and the said successors became final and conclusive.

G. On December 29, 2017, the Korea Land and Housing Corporation (Korea Land and Housing Corporation) rendered subsidies from the Daegu District Court in 2017 to Defendant B or the Plaintiff in the amount of KRW 99,228,130.

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