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(영문) 부산지방법원 2018.06.20 2017가단326167
소유권이전등기말소 등 청구
Text

1. The Defendants, among the buildings listed in paragraph 1 of the attached list of real estate in the attached list, are 3/9 shares of Defendant C, Defendant D, E, and F.

Reasons

1. Basic facts

A. Defendant C is the mother of Defendant D, E, and F. The Plaintiffs are the husband of Defendant C, and the parents of Defendant D, E, and F, who are the father of Defendant D, E, and F (hereinafter “the deceased”).

B. On January 30, 1992, Plaintiff A purchased a building listed in paragraph (1) of the attached list of real estate (hereinafter “instant apartment”) and completed the registration of ownership transfer on August 25, 1992.

After that, the plaintiffs, the deceased, and the defendants have resided together in the apartment of this case.

C. On September 27, 2016, Defendant C left the instant apartment due to the combustibility with the Deceased and the Plaintiffs.

Accordingly, on February 6, 2017, the Deceased filed a lawsuit claiming divorce and consolation money, etc. with the Busan Family Court 2017da20114, and the Defendant C filed a lawsuit claiming a divorce and a division of property, etc. on May 10, 2017.

After that, the instant case was transferred to the said collegiate panel of the court, and was proceeding to the instant case (No. 2017Dhap200910) and No. 2017Dhap200927 (Counterclaim) (hereinafter “instant divorce lawsuit”) and terminated upon the death of the deceased.

On May 13, 2016, the registration of the ownership transfer on the apartment of this case was completed on May 18, 2016 by Busan District Court Busan District Court Decision 27150 received on May 18, 2016.

(hereinafter referred to as “instant registration of transfer of ownership”). 【No dispute exists, entry in Gap’s Nos. 1-4, 7, 8, 24, and Eul’s No. 3 (including more than one number, hereinafter the same as the same), and the purport of the entire pleadings.

2. Part concerning a claim for cancellation based on the invalidation of title trust ( Plaintiff A’s claim);

A. The summary of the parties' assertion argues that the apartment building of this case is owned by the plaintiff A, and only under the name of the tax issue, the transfer of the ownership transfer registration of this case must be cancelled because the invalidity of cause caused by the title trust agreement should be completed.

As to this, the Defendants paid the purchase price to the deceased and paid the apartment of this case from the Plaintiff A.

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