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(영문) 서울고등법원 2016.05.26 2015나2056428
소유권이전등기말소청구
Text

1. Revocation of a judgment of the first instance;

2. The Plaintiff:

A. Defendant B shall be 1.2 of each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. The Plaintiff had children D, E, F, and Defendant B between the network C and the deceased.

B. The land and buildings listed in the separate sheet (hereinafter “instant land and buildings”) owned 1/2 of the Plaintiff and 1/4 of the Plaintiff’s shares, respectively. As to the Plaintiff’s share among the instant land and buildings (hereinafter “instant share”), the registration of transfer of ownership based on donation was completed as of July 31, 2013, No. 38425, which was received on July 31, 2013 by the Seoul Central District Court’s registry office, and July 29, 2013.

(hereinafter referred to as “instant donation”) C. (3) of the donation on July 29, 2013.

D On December 3, 2013, the Seoul Family Court issued a petition for adjudication on the commencement of adult guardianship with the Plaintiff as the principal in the instant case as the Seoul Family Court Decision 2013Ra10764, and on June 30, 2014, the said court rendered a judgment to the effect that “A person shall commence adult guardianship against the Plaintiff, and appoint D as the Plaintiff’s adult guardian.”

On February 9, 2015, the appeal filed by Defendant B (Seoul Family Court 2014B3036), but the appeal filed by Defendant B was dismissed, and the above judgment became final and conclusive around that time.

On the other hand, as to the portion of the instant land on January 29, 2014 (the combination of the existing shares and the instant shares), Defendant B completed the registration of creation of a neighboring mortgage consisting of the maximum debt amount of 258,554,000 won, Defendant B, and Defendant B, Defendant B, and Defendant B, the mortgagee of the right to collateral security, (hereinafter referred to as “nive loan”) on the basis of the maximum debt amount of 300,000,000 won among the instant land and the instant building and the instant building, and on May 29, 2014, as to the share of 3/4 of each of the instant land and the instant building (the combination of the existing shares and the instant shares) of 3/4 of the maximum debt amount of 30,00,000,000 won, Defendant B, Defendant

(B) complete the registration of the establishment of a neighboring mortgage. [The facts of no dispute over the basis of recognition, Gap's statements Nos. 1, 8 through 10, 12, Eul's evidence No. 2, 3 and 6, and the purport of the whole pleadings.]

2. The parties' assertion

A. The plaintiff's assertion of this case.

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