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(영문) 인천지방법원 2015.08.17 2014가합59879
소유권말소등기
Text

1. Regarding the Plaintiff’s lawsuit against Defendant E, 1/6 shares of each of the real estate listed in the separate sheet Nos. 1 through 5.

Reasons

1. Facts of recognition;

A. On April 1995, the deceased on August 29, 200 after he was strokeed.

B. The Plaintiff is the spouse of the network F, and G, H and the Defendants are children of the Plaintiff and the network F.

C. The net F owned the 2,790 square meters of land in Gyeyang-gu, Incheon. However, on July 1, 1996, the Incheon District Court Gyeyang-gu Office of registration of the transfer of ownership (hereinafter “Defendant B’s transfer of ownership”) was completed under the name of Defendant B, a child of the netF, due to the donation made on June 28, 1996, from No. 98108, which was received on July 1, 1996.

After all, on July 9, 1997 and November 10, 2003, each of the real estate listed in the separate sheet (hereinafter referred to as "each of the real estate in this case") was converted into each of the real estate listed in the previous sheet, regardless of whether before or after the procedure for land division and land category change.

E. On April 30, 2012, Defendant E received a provisional attachment order by the Incheon District Court 2012 business group26 with respect to each of the instant real estate, and accordingly, on May 2, 2012, the registration of provisional attachment (hereinafter “registration of provisional attachment”) was completed on each of the instant real estate.

In addition, on May 4, 2012, Defendant E received a provisional disposition that prohibits disposal of each of the instant real estate by the Incheon District Court 2012Kadan6286, and accordingly, the registration of provisional disposition on May 7, 2012 (hereinafter “registration of provisional disposition”) was completed on each of the instant real estate.

F. Meanwhile, Defendant C and D received from Defendant B the ownership transfer registration for one-six shares of each of the real estate listed in the separate sheet No. 23615, which was received on May 28, 2014 from the Gyeyang Registry of the Incheon District Court (hereinafter “Defendant C and D”).

[Judgment of the court below] The plaintiff and defendant B did not dispute, Gap evidence Nos. 1 through 5, 12 (including each number), defendant C's newspaper result, the purport of the entire pleadings, and defendant C, D, and E.

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