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(영문) 울산지방법원 2015.02.13 2014가단53294
소유권말소등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and the Defendants are between themselves, and E (name F before the opening of the name) is the husband of the Plaintiff.

B. On June 24, 2003, the ownership was acquired at the Plaintiff’s 1/4 shares, the Plaintiff’s H 1/4 shares, and I 2/4 shares. On July 16, 2003, the co-owned property was owned at H1/2 shares and the Plaintiff 1/2 shares based on the co-owned property partition on July 16, 2003.

After that, as H died on November 28, 2009, H’s shares were transferred to J on May 19, 201 due to testamentary gift on May 19, 201, but the ownership was transferred to E on October 21, 201.

C. The Plaintiff completed the registration of ownership preservation on May 3, 2005 with respect to the instant building newly constructed on the ground of the instant land, and E completed the registration of ownership transfer on October 21, 201 with respect to one-half shares among them.

On August 9, 2012, the Plaintiff prepared and sent each of the following descriptions to the Defendants (hereinafter “each of the instant notes”).

The second-class neighborhood living facilities of the second-class neighborhood living facilities and the first-story of amusement facilities, the second-class neighborhood living facilities of the second-class 478.97 square meters and the second-story 482.46 square meters above the above ground in Ulsan-gu, Ulsan Metropolitan City, North Korea (940 square meters) were owned by the first J but the first-class ownership was transferred to F on October 21, 201 due to mistake.

However, it is judged that the various circumstances were wrong, and as a result of the Family Council, I write down that the above ownership will be transferred to C and Females D by August 14, 2012, and sign and seal it.

(Provided, however, that the F's transfer of F's shares in the F's and B's shares shall be subject to the F's refusal by either the F's transfer of F's shares

E. On the other hand, the Plaintiff, on the same day as described in the above paragraph (d), takes procedures for the transfer of ownership in order to restore the wife's property located in the north-gu Seoul Metropolitan City from the Defendants, and four female members gather to restore the wife's property, and the third father B and F bank loans and interest.

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