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(영문) 광주지방법원 2016.11.16 2015가단530343
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 network C completed the registration of partial transfer of ownership on the ground of the donation dated June 21, 2013, No. 5619, which was received on June 21, 2013, with respect to 1/10 of each real estate listed in the separate sheet to Defendant B (hereinafter “instant real estate”).

B. On July 8, 2013, Nonparty G and Defendant B completed the registration of change of ownership as to 9/10 of the net C’s share out of the instant real estate due to the Gansung registry office of the Gwangju District Court on July 8, 2013, and the registration of change of ownership as to 1/10 of Defendant B’s share out of the instant real estate as to 1/10 of the instant real estate due to the agreement for change of ownership as of July 1, 2013, the Gansung registry office of the Gwangju District Court on July 8, 2013, No. 6422, Jul. 1, 2013, respectively.

C. The Defendant B and the Defendant Seoi Agricultural Cooperative completed the registration of creation of each collateral on the ground of the instant real estate mortgage contract concluded on October 22, 2013, No. 9222, which was received on October 22, 2013, with the amount of the maximum debt as the mortgagee’s joint collateral No. 1-6 among the instant real estate, and the amount of the mortgagee’s mortgage as the amount of KRW 24 million.

The deceased C died on November 16, 2015, and his heir is D, E, F, G, the Plaintiff, and the Defendant (C spouse H and female I).

[Ground of recognition] Facts without dispute, Gap 1 to 4, Gap 13-1 to 7, the purport of the whole pleadings

2. Determination

A. The plaintiff's assertion that Defendant B belonged to the network C, which is unable to make a normal judgment due to brain marking, and belongs to the government office, certified judicial scrivener office, and bank, and was issued with various kinds of sub-itemss, and transferred ownership registration by accepting 1/10 shares of the real estate in this case. Furthermore, after making joint registration of C with respect to C's 9/10 shares and the above 1/10 shares, C is jointly and severally guaranteed.

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