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(영문) 대전지방법원 2016.11.25 2015가합104507
소유권말소등기
Text

1. For the Plaintiff (Counterclaim Defendant):

A. Defendant (Counterclaim Plaintiff) C: (a) on March 16, 2016, each of the amount of KRW 91,063,238 and each of the said amounts.

Reasons

Basic Facts

The deceased G (hereinafter “the deceased”) died on September 28, 2014, and the Plaintiffs and the Defendants are children of the deceased.

After establishing a de facto de facto marital relationship with H, the Deceased given birth to each of the Plaintiffs around 1966 and around 1968, but she continued to contact with the Plaintiffs after leaving around 1970.

After the deceased entered into a de facto marital relationship with the deceased I from 1980, the deceased gave birth to the defendant C and D respectively, and the deceased's children, who are the legal wife of the deceased I, completed the birth report.

On December 11, 2014, Defendant C and D were sentenced by the Seoul Family Court to the effect that there was no parental relation between Defendant C, D and the deceased, and that there was each parental relation between the deceased (2014ddan45143).

On September 29, 2014, Defendant C and D completed the registration of transfer of ownership on the grounds of donation on August 20, 2014, each of the real estate listed in the separate sheet Nos. 1, 2, and 3 (hereinafter referred to as “K real estate in the case of the real estate listed in the separate sheet Nos. 1 and 2, and “L real estate” in the case of the third real estate; hereinafter referred to as “each of the above real estate”).

Defendant E and F purchased 1/2 shares of K real estate from Defendant C and D on March 17, 2015 and completed each registration of ownership transfer on March 31, 2015.

On March 31, 2015, Defendant Gwangju Bank completed the registration of creation of a collateral for K real estate in the amount of KRW 1.32 billion with the maximum debt amount of KRW 1.32 billion with the obligor F, and Defendant Republic of Korea completed the registration of establishment of a collateral for L real estate in the amount of KRW 187,294,347 with the maximum debt amount of June 24, 2015, and the establishment of a collateral for the debtor C with the obligor C.

[Ground of recognition] without any dispute, Gap evidence Nos. 1 through 4 (including branch numbers, if any; hereinafter the same shall apply), Eul's each statement of evidence Nos. 2, the entire purport of the pleading, and the primary claim against defendant C, D, and the plaintiffs' claim against defendant E, F, Korea, and Gwangju Bank. The defendant C and D, the deceased, from July 18, 2014, shall be the deceased from July 18, 2014.

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