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(영문) 서울중앙지방법원 2017.01.13 2015가합558990
소유권이전등기 말소 등
Text

1. As to the Plaintiff, Defendant B’s KRW 24,754,153, Defendant C, and D respectively, and each of the said money from September 23, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is Nonparty E’s wife. The Plaintiff and E were two females under the sleep, and the slick F was dead on July 31, 2015 (hereinafter “the deceased”).

(2) Defendant B is the husband of the deceased, and Defendant C and D are the children of Defendant B and the deceased.

B. On January 22, 1973, the Plaintiff entered into a sales contract for each real estate listed in the separate sheet leased part of the commercial building located in Eunpyeong-gu Seoul and two lots of land (hereinafter “instant commercial building”) from G, Eunpyeong-gu, and operated a clothes store.

Meanwhile, from August 13, 1975, G owned each real estate listed in the separate sheet (as “11” and shares in common use, etc. among the instant commercial buildings; hereinafter “each of the instant real estate”). On May 31, 2001, G prepared a sales contract (a sales contract (a evidence No. 3, and a sales contract based on the above sales contract) stating the seller’s price as KRW 130 million as to each of the instant real estate, and completed the registration of ownership transfer under the name of the deceased on July 31, 2001 as to each of the instant real estate.

C. The real estate listed in paragraph 1 of the attached list among each of the real estate in this case where voluntary auction proceedings and surplus dividends are distributed is "real estate of this case".

(1) On the date of distribution implemented on July 19, 2016, the buyer J received dividends from the debtor and the owner of the other creditors, and Defendant B received dividends of the remaining surplus in the claims of the other creditors. Defendant B received dividends of KRW 16,502,769, respectively. [Grounds for Recognition] There is no dispute, Party A1 through 4, 18, 21, 221, 222 (including each number; hereinafter the same shall apply).

each entry, the purport of the whole pleading

2. The parties' assertion

A. The plaintiff's assertion summary is the plaintiff.

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