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(영문) 부산지방법원 2017.02.02 2016가단304825
소유권이전등기
Text

1. The plaintiff's primary and conjunctive claims are dismissed, respectively.

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

Reasons

1. Basic facts

A. D and deceased E had 2 South and North Korea, including the Plaintiff, the South-North Korea, and the Defendant, women F, women G, and women H, who are women, under the chain of legal divorce.

B. On December 14, 1994, the receipt of the Gangseo-gu Busan District Court Registry No. 61643, and 61645 of receipt of the Gangseo-gu Busan District Court’s registration office on December 14, 1994, the transfer registration of ownership was completed by 264/5 in each of the Plaintiff and the Defendant’s name. As to cement block structure and light metal structure structure of the instant land, the second class neighborhood living facilities and detached houses (hereinafter “instant building”). As to the second class neighborhood living facilities and detached houses on the second class floor of cement block structure and light metal structure on the instant land (hereinafter “each of the instant real estate”). As to the instant land, the transfer registration of ownership in the Plaintiff’s name was completed under Article 616455 of the same registry office on the same day.

C. On May 8, 1997, D, F, and H (hereinafter referred to as “D, etc.”) filed a lawsuit against the Plaintiff for a loan claim (hereinafter referred to as “instant lawsuit”) with the Busan District Court 97Gahap10034, Jul. 23, 1997, the Plaintiff was sentenced to the judgment that “the Plaintiff shall pay D 3,196,300 won, F 47,000 won, 22,000 won, and 25% interest per annum to H from May 18, 1997 to the day of full payment,” and this judgment became final and conclusive on September 3, 1997.

D et al. applied for a compulsory auction for each of the instant real estate to Busan District Court J as executive title and started the auction procedure.

In the above auction procedure, the defendant was awarded a successful bid on October 11, 2001, and completed the registration of transfer of ownership in the name of the defendant on October 20, 201 (hereinafter “registration of transfer of ownership”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 3, and 19, obvious facts to this court, the purport of the whole pleadings

2. Judgment as to the main claim

A. Claim for restitution of ownership transfer registration based on a fraudulent judgment (1) Plaintiff’s assertion D is a debtor, a creditor, etc.

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