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(영문) 부산지방법원 2014.07.23 2013가합47425
소유권이전등기
Text

1. Each of the plaintiff's claims is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The parties to the case and inheritance registration (1) C had a representative director E of the defendant as the person who married with D, and had the plaintiff as the person F after the death of the above D, and had the plaintiff as the person.

(2) Each real estate listed in the separate sheet (hereinafter “each real estate of this case”) was owned by the above C. Upon the death of C, the registration of transfer of shares in the name F and E (F share 3/5, E 2/5) was completed on August 13, 1986 under the receipt of the Busan District Court Northern District Court's receipt of 1528 on each of the above real estate.

(3) The F died on March 28, 2008.

(hereinafter referred to as “the deceased”). (b)

(1) On July 30, 2003, the Deceased entered into a contract with the Defendant to sell 3/5 shares of the Deceased on each of the instant real property at KRW 1,302,00,000 to the Defendant.

(2) On July 30, 2003, the Defendant transferred KRW 1,000,000 to the Busan Bank (G) account of the Deceased Co., Ltd. (hereinafter “Resan Bank”), and on the same day, the registration of transfer of ownership in the name of the Defendant was completed due to the sale under the receipt of the Busan District Court’s Northern Branch Office under Article 69816.

(3) On November 17, 2003, the Deceased issued a receipt stating that “I will receive 302,000,000 won out of 320,000,000 won at the face value of the check issued at the Dong Branch of the Foreign Exchange Bank (H)” to the Defendant.

C. (1) The registration of the establishment of a neighboring mortgage on each of the instant real estates was completed on March 6, 1997 with respect to each of the instant real estates, which was the maximum debt amount of KRW 1,400,000,000, and the debtor, the deceased, and Samsung Life Insurance Co., Ltd. (hereinafter “Masung Life Insurance”) (hereinafter “Masung Life Insurance”).

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