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(영문) 대구지방법원포항지원 2016.11.29 2016가단903
소유권이전청구권가등기말소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. D (Eves, death around December 2014) is the mother of F and G siblings, and the Plaintiff is the wife of G.

The defendants operated the bond business around 2005.

B. D has sold on April 11, 2005 each real estate listed in the separate sheet 1 and No. 1 listed in the separate sheet 2, and completed the registration procedure for transfer of ownership on May 13, 2005 with respect to real estate listed in the separate sheet 2, and completed the registration procedure for transfer of ownership on April 19, 2005 as to real estate listed in the separate sheet 2, and completed the registration procedure for transfer of ownership on May 26, 2005, after being sold during the voluntary auction procedure listed in the separate sheet 2, and completed the registration procedure for transfer of ownership on April 21, 2005.

C. Around November 18, 2005, as to the real estate listed in the attached Table 1 attached hereto, D completed the registration of port branch of the Daegu District Court and the provisional registration of the right to claim ownership transfer (hereinafter “provisional registration of this case”) as of November 18, 2005 on the ground of the pre-sale agreement on November 18, 2005, and the provisional registration of the right to claim ownership transfer (hereinafter “provisional registration of this case”) was completed to Defendant C as of November 18, 2005 and the provisional registration of the right to claim ownership transfer (hereinafter “provisional registration of this case”) was completed on November 18, 2005 on the ground of the pre-sale agreement as of November 18, 2005.

After that, D completed the registration of ownership transfer to H (F) on December 28, 2006 due to the sale on December 27, 2006 with respect to each real estate listed in the separate sheet 1 and the separate sheet 2 (hereinafter “each of the instant real estate”).

E. H filed a lawsuit against the person who occupied each of the instant real estate, seeking the delivery of the said real estate, etc. (the instant case No. 2012Da11288, Aug. 30, 2012; and the instant case No. 2013Gadan1092, Nov. 8, 2013, which was filed on November 8, 2013, by which H acted as a legal representative of F. H. In the instant lawsuit, H asserted that the person who purchased each of the instant real estate from D is a legitimate owner of the instant real estate) and won a favorable judgment in the Daegu District Court Branch of the Daegu District Court (No. 2012Da1288, Sept. 26, 2013; and the same court on June 18, 2015).

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