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Reasons
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(영문) 서울중앙지방법원 2015.12.11 2015가합511113
소유권말소등기
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1. The defendant,

A. C with respect to 3/5 shares in the attached list 1 and 2, the Gangseo-gu Busan District Court registry office.

Reasons

1. Facts of recognition;

A. The defendant is believed to be the plaintiff's wife in the third south net E, and the non-party D is the plaintiff's female her husband and the non-party C's husband.

B. The first transfer of ownership 1) Land 1, 2, and 4 listed in the [Attachment F] list owned by F (hereinafter “instant land 1, 2, and 4”).

As to C, the registration of transfer of ownership was completed on June 20, 1984 by receipt No. 13821, receipt on June 20, 1984, and June 19, 1984. (2) As to the land listed in F’s Schedule (hereinafter “instant three land”), D with the receipt on July 4, 1984 by receipt No. 235, receipt on July 4, 1984, the registration of transfer of ownership was completed on June 30, 1984.

3) Meanwhile, the Plaintiff completed a provisional registration on March 22, 1986 with respect to the instant land Nos. 1, 2, and 4 in cooperation with Yong-Nam, and the said provisional registration was cancelled on September 26, 2005 due to the cancellation on September 26, 2005. (C) The Plaintiff completed the registration of ownership transfer for the instant land No. 4 as to the instant land No. 4,9261, No. 49261, Jul. 8, 1997, the Gangseo-gu District Court registry office of Busan, the Busan District Court completed the registration of ownership transfer for the instant land No. 7969, Jun. 11, 1999, and completed the registration of ownership transfer for the instant land No. 4 as a result of sale on June 8, 1999.

2 D completed the registration of ownership transfer based on sale on July 8, 1997, No. 49262, which was received on July 8, 1997, to E with regard to the land of this case 3.

E died on March 13, 2013, and the defendant and E have no consciousness between the defendant and E, and therefore, 3/5 of the property was born to the defendant who is the wife and 2/5 of the mother-child plaintiff respectively.

E. The Plaintiff filed the instant lawsuit with C, D, and Defendant as co-defendants, but with respect to the instant land in relation to C and D on August 19, 2015, Defendant C and Defendant D respectively, respectively, with respect to the instant land 1, 2, and 4.

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