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(영문) 전주지방법원정읍지원 2017.04.18 2016가단10375
명의신탁해지로 인한 소유권이전등기 등
Text

1. Defendant D’s KRW 21,013,686 as well as the Plaintiff’s annual rate from December 17, 2015 to April 18, 2017, and the following.

Reasons

1. Basic facts

A. The Plaintiff’s relationship 1) On January 30, 1987, the Plaintiff is the deceased E (hereinafter “the deceased”).

(2) On December 17, 2015, the deceased, who died, was in a marital relationship with the deceased. 2) The Plaintiff had Nonparty F and G as his child under the chain before the deceased’s marriage with the deceased, and the deceased had the Defendants as their children under the chain before the deceased’s marriage with the deceased.

B. A transfer of ownership of each real estate 1) G around 1981, G is the land listed in paragraph 1 of the attached Table, which was owned by the Plaintiff at that time (hereinafter “instant land”).

2) On the ground, the building listed in the separate sheet No. 2 (hereinafter “instant building”)

2) On December 15, 1989, G completed the registration of transfer of ownership on the instant land by reason of donation on December 14, 1989, and on March 23, 2001, G completed the registration of transfer of ownership on the instant land to the Deceased on March 20, 201.

3) On March 23, 2001, G completed the registration of initial ownership of the instant building in its name, and on March 23, 2001, G completed the registration of ownership transfer for the deceased on the ground of donation on March 20, 201 with respect to the instant building. C. Defendant D withdrawn the deposit money of the deceased on August 31, 2015, in cash, KRW 172,855,704, out of the deposit money deposited in the former bank account in the name of the deceased (H) and each post office account (I and J).

2) On December 1, 2015, Defendant D withdrawn KRW 10 million,00,000,000, which was deposited in the regular Eup account (K) in the name of the Deceased, as a check. 3) On December 17, 2015, the Deceased died on or around 09:46, December 17, 2015, Defendant D withdrawn KRW 63,041,060 in cash, among the deposits deposited in the national bank account in the name of the Deceased (L) and the said regular Eup account.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 14 (including each number, hereinafter the same shall apply) and the purport of whole pleadings

2. Determination as to the defendants' claim for ownership transfer registration

A. The Plaintiff’s assertion is based on the land of this case.

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