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(영문) 울산지방법원 2020.04.29 2019가단106131
소유권말소등기
Text

1. Defendant B: (a) on February 19, 2019, with respect to the share of 9/45 out of the real estate listed in the separate sheet attached hereto, the Ulsan District Court.

Reasons

1. Basic facts

A. The Plaintiff was born between K date L and M.

At the time, M was unmarried, and L was married with N on April 30, 1964, but L was born between N and born by the plaintiff.

B. Since September 22, 1976, M was married with R with O and P as its child, but died on August 29, 2018. At the time of death, S (Death on July 28, 2004), the parent of M (hereinafter “the deceased”), T (Death on July 5, 1961), and spouse R (Death on June 18, 201), were already killed, and U, V, W, C, H, I, I, and J (Death on June 18, 201), but U (Death on November 5, 193), W (Death on November 11, 195) died without a spouse, and V died with Defendant D, EF, G, I, and J as his spouse, respectively.

C. The real estate listed in the separate sheet (hereinafter “instant real estate”) was owned by the Deceased. On August 29, 2018, each of the ownership transfer in the name of Defendant C, D, E, F, G, H, I, and J (hereinafter “each of the instant ownership transfer”) was completed as stated in the separate sheet as to each of the shares listed in the separate sheet on the grounds of inheritance on August 29, 2018. Furthermore, as to the nine-five-five shares in Defendant J’s name on the ground of sale on February 19, 2019, the entire share transfer registration in the Defendant B’s name (hereinafter “instant share transfer registration”).

The Plaintiff filed a lawsuit against N in Daegu Family Court 2019ddan3251 seeking confirmation of existence of paternity. On November 21, 2019, the Plaintiff was sentenced to the above court’s judgment that “The Plaintiff and the Defendant do not have paternity relation.” The above judgment became final and conclusive on January 1, 2020.

E. In addition, the Plaintiff filed a lawsuit against the prosecutor of the Ulsan District Prosecutors’ Office seeking confirmation of paternity or existence of paternity with the Ulsan District Court 2019ddan27307, and on February 18, 2020, the court rendered a judgment that “The existence of paternity or paternity is confirmed between the Plaintiff and the Deceased” from the above court.

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