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(영문) 울산지방법원 2016.10.11 2015가단64413
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The relation 1) The Defendants are the network E (hereinafter “the network”).

(2) The deceased died on January 18, 2013, and the Defendants inherited one-third shares of the deceased’s own property.

B. 1) The Deceased’s registration relationship with the instant real estate is as follows: (a) each real estate listed in the separate sheet on June 15, 201 (hereinafter “instant real estate”).

(2) On June 7, 2011, the Plaintiff completed the registration of ownership transfer based on a gift made from Jun. 7, 201. (2) The Plaintiff completed the registration of ownership transfer claim based on the purchase and sale promise made on June 15, 201 by the Ulsan District Court No. 59087, Jun. 15, 2011.

(hereinafter referred to as “the provisional registration of this case”). [The grounds for recognition] The fact that there is no dispute, each entry of Gap evidence 1 through 4 (including attachment of provisional number), and the purport of the whole pleadings.

2. Determination

A. The Deceased, upon the cause of the claim, had the Plaintiff bear before the birth a debt of 200 million won or more due to living expenses, hospital treatment expenses, etc., and the provisional registration was completed in the name of the Plaintiff on the instant real estate to repay the above debt.

The provisional registration of this case is a provisional registration on the ground of a promise for payment in substitutes, and the officially announced value of the real estate of this case does not reach the amount of loans to the Plaintiff’s deceased, thus notifying the Defendants of the fact that there is no liquidation money to be paid to the Defendants as a briefs on July 12, 2016

Therefore, the Defendants are obligated to implement the principal registration procedure of ownership transfer on the instant real estate to the Plaintiff.

B. The issue of whether a provisional registration of this case’s provisional registration is a provisional registration for security is determined by whether the relevant provisional registration is an actual purpose of collateral security, and it is not formally determined by whether the cause of the relevant provisional registration is indicated as a trade reservation, or by the type of documents exchanged at the time of indication or registration on the registry, but rather by the substance of transaction.

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