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(영문) 부산지방법원 2019.05.10 2018나53580
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff and the Defendant are the children of the network F and the network G, who are siblings.

There are H, I, J, and K in addition to the Plaintiff and the Defendant.

B. In around 1977, the deceased F purchased forest land in Nam-gu Busan (hereinafter “instant real estate”) and completed the registration of transfer of ownership by 1/3 shares each in the name of M, which is the husband of the defendant, H and J.

On August 14, 1980, the network G completed the registration of ownership transfer based on trading on the same day with respect to one-third share in the above M name.

C. On November 19, 2009, the Plaintiff, H, and the Defendant drafted a letter and written consent stating that the Plaintiff, the Defendant, and their children (the Plaintiff, the Defendant, the H, and I) possess 1/5 shares of the instant real estate, respectively.

The net G completed the registration of ownership transfer on July 31, 2014 with respect to the shares (1/3) in the title of the instant real estate from August 1, 2014 to I on July 31, 2014.

E. On the basis of the foregoing letter and written consent in around 2015, the Plaintiff filed a lawsuit seeking ownership transfer registration against the Defendant, H, and I, who is the right holder of the instant real estate. On June 2, 2016, the said lawsuit became final and conclusive as a substitute for the conciliation of the following: “The Defendant shall implement the procedure for ownership transfer registration based on an agreement against 1/3 of the Defendant’s shares in the instant real estate on November 19, 2009 against the Plaintiff.”

F. According to the decision in lieu of the above conciliation, the Plaintiff completed the registration of ownership transfer as to 1/3 of the shares of the Defendant in the instant real estate on November 1, 2017. At that time, the registration of provisional attachment (No. 3) by creditors D, the registration of attachment (No. 7) by Nam-gu Busan Metropolitan City, and the registration of attachment (No. 12) by Suwon Tax Office (No. 12) was completed.

G. The Plaintiff repaid the enforcement fine, etc. in Nam-gu Busan Metropolitan City as follows, and cancelled the aforementioned provisional seizure and seizure registration.

On December 11, 2017, the expenses for the payment of charges for compelling the performance of the Nam-gu Busan Metropolitan City Busan Metropolitan City on the date and time of the reimbursement for item.

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