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(영문) 서울고등법원 2016.11.25 2014나15486
소유권이전등기말소 등
Text

1. The judgment of the first instance, including the preliminary claim added at the trial, shall be modified as follows:

In this case.

Reasons

1. Basic facts

A. A. From 1985 to 1985, a party status I (the deceased on August 29, 2012, hereinafter “the deceased”) was a person who had established and opened a L Research Institute on the ground of Nam-gu Incheon Metropolitan City K (hereinafter “LA”). The Plaintiff A and B are the deceased’s children, and the Plaintiff C is the deceased’s legal spouse.

Defendant D was the birth of the Deceased, and was in office as a social instructor of the LAC around 1987, and thereafter served as the planning director of the LAC operated by the Deceased, the head of the administrative office, etc.

B. In the city of Ansan-si in the operation of the M&A, another M&A institute (hereinafter “M&A”) was operated in accordance with the following process from Nos. 604 to 607, and Nos. 701 to 707 (hereinafter “Ansan-si real estate”).

① On October 19, 2001, P and Defendant D entered into a contract with the same Industry Development Co., Ltd. to sell any real estate at the time of completion (i.e., the remainder of KRW 200,000,000 and KRW 881,249,550, the remainder of KRW 200,000, and the remainder of KRW 881,249,550).

② On November 30, 2001, the registration of ownership transfer was completed on October 19, 2001 in the name of P and Defendant D with respect to one-half shares of the real estate in Ansan-si.

③ The latter is used as the principal source of the JAD.

④ On October 22, 2003, the registration of ownership transfer was completed in Q’s name on September 25, 2003 with respect to Nos. 604 through 607 (P’s 1/2 shares and Defendant D’s 1/2 shares) among the real estate at Ansan-si on October 22, 2003.

⑤ On June 28, 2004, the registration of ownership transfer was completed in U’s name on June 18, 2004 with respect to 1/2 shares of P in 701 through 707 out of Ansan-si real estate.

C. On the real estate listed in the attached list Nos. 1, 2, and 3 (hereinafter “instant land”), the real estate listed in the attached list Nos. 4 (hereinafter “instant building”) is newly constructed through the following process. In the instant building, the Deceased’s Institute of Research and Development (hereinafter “the instant building”) is below the JAK in Incheon.

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