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(영문) 서울중앙지방법원 2016.03.24 2015가단5238508
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Each of the real estate listed in the separate sheet No. 1 was owned by Plaintiff A, but the ownership transfer registration was completed in the network G due to sale as follows.

Attached Form

1 The date of receipt of the list Nos. 1, 4054 of February 6, 1993, No. 4054 of February 6, 1993, No. 4054 of February 6, 1993, No. 4054 of February 6, 1993, No. 6643 of December 24, 1993, sale and purchase by the Seoul Central District Court No. 7209 of February 5, 1993, No. 4054 of February 6, 1993, No. 4054 of December 30, 1992

B. The real estate listed in the separate sheet No. 2 was owned by Plaintiff B. However, on February 2, 1993, the ownership transfer registration was completed on February 24, 1993 with the Seoul Central District Court’s registry office as the receipt No. 6541 on February 24, 1993.

(As above, each registration of ownership transfer that has been completed in the future of the network G is the "registration of each ownership transfer of this case".

On October 5, 2013, the deceased G died on October 5, 2013, and the defendant and the designated parties, who are his spouse, succeeded to the deceased's property.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 and 2, each of 1 to 5, the purport of the whole pleadings

2. Assertion and determination

A. The gist of the plaintiffs' assertion 1) The plaintiffs borrowed KRW 50 million from Dong G around December 1992 from Dong G, and each real estate listed in the separate sheet Nos. 1 and 2, owned by the plaintiffs (hereinafter "each real estate of this case").

(2) On April 3, 1995 and April 7, 2005, 2005, the network G offered each real estate as collateral and used money to repay the borrowed money, and thus, it concluded a transfer security agreement with the net G to cancel each of the above transfer security when the plaintiffs repay the borrowed money. (2) However, the network G offered each of the real estate listed in the separate sheet No. 1 on April 3, 1995 and appropriated it for the repayment of the borrowed money borrowed by the plaintiffs. Therefore, the obligation of borrowed money to the net G was all extinguished.

3. Accordingly, the defendant and the designated parties, who are the heir of the deceased G, are finished with respect to each of the instant real estate according to the shares of inheritance.

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