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(영문) 창원지방법원 2015.05.20 2014나8459
소유권말소등기
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff, as the wife of the network D, was placed as E, F, G, H, and I between the network D, and died on January 4, 201. Meanwhile, Defendant B was the wife of the network.

B. The deceased died on April 25, 2001 while possessing each real estate listed in the separate sheet (hereinafter “each real estate of this case”). The real estate listed in the separate sheet Nos. 1, 5, and 7 was inherited on April 25, 2001 due to the consultation division on April 25, 2001, the Changwon District Court Office of Busan District on January 21, 2008 received No. 1098, and each real estate listed in paragraphs 2 through 4 of the separate sheet was received on May 25, 2001 by the above registry office as No. 19710, Oct. 19, 207, and thereafter, on June 16, 2010, the ownership transfer registration was completed in the future of the plaintiff on Oct. 25, 201.

C. As to each real estate listed in the separate sheet Nos. 4 through 7, on October 7, 201, the registration of ownership transfer was completed to Defendant B as the receipt of No. 16576 on October 14, 201 by the said registry office on the grounds of sale and purchase on October 7, 2011.

[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 3 (including each number), the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. Since the Plaintiff alleged to be the Plaintiff did not sell each of the instant real estate to Defendant B, the registration of ownership transfer completed in the future of Defendant B with respect to each of the instant real estate must be cancelled as a registration of invalidation without a legitimate ground for registration.

B. Defendant B’s assertion that each of the instant real estate was purchased from the Plaintiff at KRW 100 million, and even if it is deemed that the ownership transfer in Defendant B had been completed without a sales contract with the Plaintiff, the Plaintiff shall register the ownership transfer to Defendant B, the wife of H, with the mind that the Plaintiff intends to donate each of the instant real estate to the head of South Korea H.

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