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(영문) 대구지방법원 2015.02.06 2013가합4702
소유권이전등기말소등
Text

1. The Plaintiff:

A. As to each real estate listed in the separate sheet, Defendant B shall have jurisdiction over the Gyeongsan District Court on June 2012.

Reasons

1. Basic facts

A. The Plaintiff is the head of the deceased C (hereinafter referred to as “the deceased”). Defendant B is the wife of the deceased, who is the husband of the deceased. The deceased has children of E (1), F (2), the Plaintiff (1 South), G (3), H (4), and D (2).

B. As to each real estate listed in the separate sheet (hereinafter “instant real estate”), the registration of ownership transfer (hereinafter “instant ownership transfer”) was filed on June 15, 2012 with Defendant B on the ground of the donation from June 11, 2012, the Daegu District Court Busan District Court (Seoul District Court), Busan District Court No. 26148, Jun. 15, 2012.

C. With respect to each real estate listed in the separate list Nos. 2 through 4 (hereinafter referred to as the “real estate Nos. 2 through 4”), the registration of establishment of a neighboring mortgage (hereinafter referred to as the “registration of establishment of a neighboring mortgage”) was completed on December 14, 2012, with regard to the registration of establishment of a neighboring community credit cooperative as well as the maximum debt amount of KRW 1.43 billion, which was received on December 14, 2012 by the Daegu District Court (Seoul District Court No. 5638, Dec. 14, 2012; the Daegu District Court (Seoul District Court No. 5638, Dec. 14, 2012); the registration of establishment of a neighboring community credit cooperative as a mortgagee; the maximum debt amount of KRW 1170,000,000 (hereinafter referred to as the “registration of establishment of a neighboring community unit No. 2

On March 31, 2012, the deceased died on November 8, 2012 while hospitalized in an I Hospital with brain color and was receiving treatment.

【Ground of recognition】 The fact that there exists no dispute, Gap evidence 1-1-4, Gap evidence 2-1-3, Gap evidence 3-1 through 6, the purport of whole pleadings and arguments

2. Although Defendant B did not have donated the instant real estate from the deceased, the registration of ownership transfer in this case was completed by forging the documents related to the ownership transfer by stealing the deceased’s seal imprint without permission. Thus, the registration of ownership transfer in Defendant B’s name is invalid. The registration of ownership transfer in this case is also a registration of the establishment of a mortgage in the name of Defendant Yangyang Saemaul Savings Depository, Defendant Busan Saemaul Savings Depository, and Defendant Busan Saemaul Savings Depository.

Therefore, it is true.

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