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(영문) 부산지방법원 2016.11.03 2015가합50326
소유권이전등기
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

Basic Facts

(1) Plaintiffs, Defendant C, Nonparty H, and I are children of the deceased J and their wife, and the deceased J (hereinafter “the deceased”).

(2) Defendant D is the wife of Defendant C, and Defendant E, F, and G are the children of Defendant C and Defendant D, respectively, on October 16, 2014 and March 21, 2015, respectively.

Attached Form

1) The Deceased is the real estate listed in paragraph 1 of the attached Table No. 1 (hereinafter referred to as “O forest”) owned by the Deceased on December 3, 1997.

As to the 48/100 shares among them, the registration of ownership transfer was completed on the ground of Defendant D, E, F, and G’s donation on November 25, 1997 with respect to each of the 13/10 shares. Then, K completed the registration of ownership transfer on the above 48/10 shares on December 11, 1997 due to Defendant G’s donation on December 10, 1997. 2) The deceased completed the registration of ownership transfer on each of the real estate listed in the separate sheet No. 2 (P real estate) on December 2, 1997, each of which he owned on December 2, 1997.

Then, on December 11, 1997, K completed the registration of ownership transfer on the ground of the donation made on December 10, 1997 by Defendant D, E, F, and G with respect to each of the above real estates.

The Deceased on October 28, 2002 sold M Real Estate to N on October 28, 2002 and completed the registration of transfer of ownership in the N on the same day. The Deceased on October 28, 2002 sold to N the Busan Jin-gu Lba-gu Busan (hereinafter collectively referred to as "M real estate").

[Identification Evidence] In the absence of dispute, Gap evidence Nos. 1 through 4, 7, Eul evidence Nos. 6 (including numbers with above numbers; hereinafter the same shall apply), and with respect to the primary claim for the purport of the entire pleadings, the fact that the deceased completed the registration of transfer of ownership of O forest and P real estate to defendant D, E, F, and G through K is to avoid compulsory execution against himself.

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