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(영문) 대구지방법원서부지원 2016.06.16 2015가단38174
소유권이전등기말소 등 청구의 소
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the F’s wife, G is the F’s husband, the F’s wife, the Defendant C, D, and E are the children of G.

B. The F died on August 27, 1979, and G died on November 8, 2013.

C. Attached List

1. The registration of ownership transfer has been completed in F’s name with respect to real estate (hereinafter “real estate of this case”). On June 9, 1993, the registration of ownership transfer was completed in G’s name on the ground of donation on December 3, 1982 under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 4502, Nov. 30, 1992; hereinafter “Special Measures Act”)

2. On June 9, 1993, registration of ownership preservation was completed in the name G in accordance with the Act on Special Measures for the Development of Real Estate (hereinafter “the two real estate”).

At the time of the registration of transfer of G ownership with respect to the real estate of this case, the letter of guarantee is currently owned as evidence from the FF registered in the land cadastre from March 3, 1982.

“The purport of this case’s registration of ownership preservation as to the instant two real estate is indicated to the effect that “The present is owned by purchasing from the owner H who was registered on the land cadastre from August 4, 1978,” and at the time of registration of ownership preservation as to the instant two real estate.

E. Since August 14, 2013, the registration of transfer of ownership in Defendant I’s name was completed for the instant real estate on the ground of donation, and the registration of transfer of ownership in Defendant B’s name was completed on April 30, 2014 for the instant real estate 2.

[Reasons for Recognition] The facts without dispute, Gap's statements as to Gap's 1 to 5, 7 to 9, and the purport of the whole pleadings

2. The parties' assertion

A. The registration of the net G name with respect to the real estate of this case by the Plaintiff was caused by the date donation after the death of the net F, and as such, the net F was committed suicide due to the verbal abuse and assault committed by the network G and Defendant B.

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