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(영문) 의정부지방법원고양지원 2016.09.21 2015가단29858
지분소유권이전등기
Text

1. As to the Plaintiff, Defendant H’s shares of 1/3 of each of the lands listed in the separate sheet 1 through 5, the separate sheet 6.

Reasons

1. Basic facts

A. On April 10, 190, the deceased I (hereinafter “the deceased”) purchased 1/3 shares of each of the lands listed in the separate sheet from Defendant B (the land listed in the previous sheet No. 1, 2, 3, and 5 and the land listed in the annexed sheet No. 423 square meters at the time of strike, which was divided into the land listed in the annexed sheet No. 4, and 6 on February 8, 1992 and became the land listed in the annexed sheet No. 50,000,000 won among each of the instant lands; hereinafter “each of the instant lands”). On May 29, 1990, the registration of ownership transfer was completed in the name of Defendant B, the wife of the JJ, and the registration of ownership transfer was completed in the name of Defendant B, the wife of each of the instant lands of this case, under the name of Defendant H on February 1, 192 through 31, 195.

B. On June 28, 1990, the Deceased completed the registration of the establishment of a neighboring mortgage in the name of the Deceased with the debtor as to each of the instant land at KRW 50,000,000, with the intent to secure ownership of each of the instant lands, with the aim of securing ownership of each of the instant lands.

C. As the Deceased died on June 8, 2005, the Plaintiff, a wife of the Deceased, was the sole heir due to the consultation and division. The Plaintiff completed the registration of transfer of the establishment of the establishment of the above neighboring land under the Plaintiff’s name on September 29, 2005. On October 17, 2005, the Plaintiff filed an application for provisional disposition prohibiting the disposal of the real estate for 1/3 shares out of each of the land of this case against Defendant deceased G and H on October 21, 2005 and completed the registration of the provisional disposition on October 28, 2005 upon receiving the provisional disposition prohibiting the disposal of real estate for 1/3 shares out of each of the land of this case under the court Decision 2005Ka6805 on October 21, 2005.

On the other hand, as the defendant deceased on May 12, 2016, when the lawsuit of this case was pending, the defendant deceased on May 12, 2016, as his wife, D, E, F, and G became the defendant victim of the lawsuit of this case.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 13 (including each number), witness J's partial testimony, defendant H's examination results, the purport of the whole pleadings.

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