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(영문) 대구지방법원 2018.12.12 2018재나66
소유권말소등기 등
Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

Reasons

1. Following the conclusion of the judgment subject to a retrial, the following facts are apparent in records or obvious to this court.

The Defendants and B are the children of the network E, and the Plaintiff is the wife of the network E.

B. On December 4, 2009, the Plaintiff filed a lawsuit against the Defendants and B on the grounds that Daegu District Court 2009Kadan82098, and the said court accepted the Plaintiff’s claim against B on September 16, 201, and rendered a judgment of the first instance that partly accepted the Defendants’ claim.

C. The Plaintiff appealed against the Defendants as Daegu District Court 201Na20988. On August 16, 2012, the appellate court rendered a judgment subject to a retrial that dismissed the Plaintiff’s appeal, and the judgment subject to a retrial became final and conclusive on September 13, 2012.

2. Whether the litigation for retrial of this case is legitimate

A. The summary of the grounds for the request for retrial 1) The Defendants of the forgery of the loan certificate and the Defendant of the Franchisor B died on May 22, 2007, and B consulted with G on the issue of inheritance tax. G offered to H and the E that “I would forge a loan certificate because there is a debt instrument under the name of the deceased H, so that H may be exempted from inheritance tax.” H and the network E, despite being aware of an illegal act, she forged the debt instrument under the name of the deceased H in order to reduce inheritance tax. G was the old room to assist the LH in the reduction of inheritance tax due to the death of the deceased H, and the fact that H borrowed money from the LH was not a fact that the LH borrowed money, “The LH borrowed a total of KRW 250,000,000,000 from G,” and then, L and the L have forged the loan certificate with the name of the H in the name of the loan certificate and affixed the signature of the H in the instant case.

2) After the registration of the establishment of the neighboring real estate, G is doubtful in the tax office unless it is repaid to the network E the amount of the loan, and thus, it is doubtful in the form of security.

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