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(영문) 의정부지방법원 2017.01.12 2016가단117483
소유권이전등기
Text

1. Defendant C is due to sale and purchase on October 8, 2012 with respect to 2/5 shares of the real estate listed in the separate sheet to the Plaintiff.

Reasons

1. Basic facts

A. On December 14, 200 with respect to the real estate listed in the separate sheet (hereinafter “the instant real estate”) owned by the network D (hereinafter “the network”), the provisional registration of the right to claim ownership transfer on the ground of trade reservation was completed on December 14, 200, and on September 7, 2005, the right to claim ownership transfer transfer registration was the preserved right, and the provisional registration of prohibition of disposal was completed on January 15, 2010. The provisional registration of prohibition of disposal was cancelled on the ground of cancellation on January 21, 2010, and the registration of the right to claim ownership transfer registration in the Plaintiff’s name was cancelled on the ground of cancellation on January 21, 2010, again on August 26, 2011, the provisional registration of the right to claim ownership transfer registration was cancelled on the ground of cancellation on February 12, 2015.

B. Meanwhile, with respect to the instant real estate, the registration of creation of a mortgage was terminated on June 10, 1996 by the debtor, the deceased, and the National Agricultural Cooperative Federation of the mortgagee, and on January 21, 2010. On the same day, the registration of creation of a mortgage was completed on the same day as the maximum debt amount, 65,000,000 won, the debtor, the plaintiff, and the mortgagee of the right to collateral security, and the registration of creation of a mortgage was completed on February 12, 2015. The establishment of a mortgage was completed on the same day as the maximum debt amount, 65,000,000,000 won, the debtor, the plaintiff of the right to collateral security, and the plaintiff of the right to collateral security.

C. The deceased’s heir is Defendant C and wife, the mother, and E had already died as the father of the deceased. The Plaintiff is the mother of the deceased.

The Deceased has a defect of class 4 in hearing disability, and the Defendant B married around 201 as the disabled of class 3 in the physical disability. The Deceased was done twice on July 2016 but died on July 20, 2016.

[Reasons for Recognition] Facts without a partial dispute, Gap evidence 1, 4, 5, Gap evidence 6-1 and 6-2, the purport of the whole pleadings

2. The Plaintiff’s assertion on the cause of the instant claim is that between the Deceased and the Deceased on October 8, 2012, the purchase price of the instant real estate is 230,000.

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