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(영문) 의정부지방법원고양지원 2015.06.03 2014가합51251
소유권말소등기
Text

1. The defendant against the plaintiff A,

(a) the District Court with respect to shares of 4/15 of the real estate listed in Schedule 1.

Reasons

1. Facts of recognition;

A. Relevant plaintiffs B are the wife of D, the defendant, and the plaintiff A are the female of D.

B. 1) D around October 27, 2006, around 2006, donated 4/15 shares among the real estate listed in paragraph (1) of the attached Table No. 1, 2/3 shares among the real estate listed in paragraph (2) of the attached Table No. 2 of the attached Table No. 3, and each real estate listed in paragraphs (4) of the attached Table No. 3, and completed the registration of ownership transfer for reasons of the above donation to Plaintiff A on October 30, 2006. 2) On March 2, 2007, the Defendant completed the registration of ownership transfer for 1/3 shares among the real estate listed in paragraph (2) of the attached Table No. 2 of the attached Table No. 2 that was registered under the Defendant’s name on February 28, 2007.

C. On October 26, 2007, Plaintiff A, including the completion of ownership transfer registration under the name of the Defendant, completed each ownership transfer registration listed in Section 1 of the Disposition on October 22, 2007 (hereinafter “each of the instant real estates”) with respect to the share of 4/15 of the real estate as stated in Section 1 of the attached Table No. 2, 3, and 4 of the attached Table (hereinafter collectively referred to as “each of the instant real estate”) donated by D, etc. as above, on October 26, 2007, on the ground of donation on October 22, 2007.

D's death D' died on December 1, 2007.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2, Gap evidence 4, the purport of the whole pleadings

2. The plaintiffs' assertion

A. Plaintiff A’s assertion obtained a donation from Plaintiff A to complete the registration of ownership transfer, but the Plaintiff’s creditors could enforce compulsory execution, etc., and thus, Plaintiff A title trusted each of the instant real estate to the Defendant, who was omitted on November 20, 207.

Since then, the Defendant established the right to collateral security on each of the instant real estate and received a loan of 200 million won from the Han Bank Co., Ltd. (hereinafter “I Bank”). The above title trust agreement concluded between the Plaintiff and the Defendant and the change in real rights pursuant thereto are real estate.

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