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(영문) 대구고등법원 2015.11.19 2015나21043
소유권이전등기
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of Gap evidence Nos. 1 to 4, Eul evidence Nos. 1 and 2, and the whole purport of the pleadings.

(1) Each real estate listed in the separate sheet (hereinafter referred to as "each of the instant real estate") shall be classified as "property inheritance and ownership transfer registration and the establishment registration of neighboring mortgage;

F) The F was owned by the Codefendant B, C, and D (hereinafter “B, C, and D”) of the first instance court following the F’s death on December 12, 2007.

(B) On December 17, 2007, the Daegu District Court No. 47489 received on the 12th day of the month, Daegu District Court No. 47489 (hereinafter “instant transfer of ownership”) filed a joint inheritance of F’s property as F’s children, including each of the instant real property, and the respective statutory shares in inheritance are 1/5, respectively. (2) E completed the transfer of ownership on the 12th day of the said month.

E On December 28, 2007, the Daegu District Court, in the name of the Plaintiff, with each maximum debt amount of KRW 195 million, has completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) under the title of the Daegu District Court, Daegu District Court No. 4930 and 49331, respectively, that was received on the day, in the first and second order order with respect to each of the instant real property.

B. The judgment on the transfer of ownership and the cancellation of the registration of the establishment of a neighboring mortgage is final and conclusive 1) Defendant B, C, and D (hereinafter “Defendant et al.”)

(2) On November 5, 2008, the Plaintiff and E filed a lawsuit seeking the registration of ownership transfer of this case and the cancellation of the registration of the establishment of the establishment of a neighboring mortgage of this case on June 16, 2009 (Seoul District Court Decision 2008Gadan105093, hereinafter referred to as the “Seoul District Court Decision 2008Gadan105093, hereinafter referred to as the “the following”) by asserting that the F bequeathed of each real estate of this case to E is null and void. Therefore, the registration of ownership transfer of this case and the registration of the establishment of a new neighboring mortgage of this case in the name of the Defendant, etc. among each real estate of this case shall be null and void.

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