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(영문) 울산지방법원 2018.02.01 2016나23649
소유권이전등기
Text

1. The part of the judgment of the court of first instance against Defendant C and D shall be revoked.

2. Defendant C and D are listed in the separate sheet to the Plaintiff.

Reasons

1. Basic facts

A. The relationship between the parties (1) The Defendants are children of the deceased E (hereinafter “the deceased”), and the Plaintiff is punished by the deceased.

(2) The Deceased died on January 18, 2013, and the Defendants inherited 1/3 shares of the Deceased’s property.

B. (1) The Deceased, as to the registration of the instant real estate (hereinafter “instant real estate”) on June 15, 201, completed the registration of ownership transfer on the ground of a gift made from June 7, 201, as indicated in the separate sheet (hereinafter “instant real estate”).

(2) As to the instant real estate, the Plaintiff completed the registration of the right to claim a transfer of ownership, which was based on the purchase and sale reservation 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 ground for recognition] The fact that there is no dispute, each entry of Gap evidence 1 through 4 (including each number; hereinafter the same shall apply), and the purport of the whole pleadings.

2. Grounds for and determination of the claim

A. The Plaintiff, which caused the claim, lent at least KRW 200 million to the Deceased’s living expenses, hospital treatment expenses, etc., and the provisional registration was established in the name of the Plaintiff on the instant real estate for the repayment of the said debt, and the provisional registration of this case is a provisional registration on security based

However, the officially announced value of the instant real estate does not exceed the amount loaned to the deceased.

Therefore, since the Defendants notified the Plaintiff of the fact that there was no liquidation money to be paid to the Defendants as a preparatory document on July 12, 2016, the Defendants are obligated to implement the principal registration procedure based on the above provisional registration with respect to each portion of 1/3 of the instant real estate.

B. Defendant C and D’s judgment on Defendant C and D were absent on the date of pleading even after having been notified of the date by means not by public notice in the first instance court, and thus, the Defendants were deemed to have led to the confession of the facts constituting the above claim under Article 150 of the Civil Procedure Act, and Defendant D submitted a written response to the effect that they denied the Plaintiff’s cause of claim on July 5, 2016, but on July 8, 2016.

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