logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2014.10.23 2014가합5121
소유권말소등기
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The parties’ relationship and real estate inheritance registration 1) F had been married with G, and F had been married with H, and after G died, the Plaintiff was appointed as the deceased. Defendant C is the wife of Defendant B, and Defendant D and E are the children of Defendant B. The respective real estate listed in the separate sheet (hereinafter “each of the instant real estate”) was owned by F. As the F died, H and Defendant B’s share transfer registration (H shares 3/5 and Defendant B shares 2/5) was completed on August 13, 1986, respectively, due to inheritance under F’s receipt No. 1528 on August 13, 1986.

3) H died on March 3, 2008. (B) On July 30, 2003, H entered into a contract with Tae Metal Co., Ltd. (hereinafter “Tin”) to sell 3/5 of its shares out of each of the instant real estate at KRW 1,302,00,000, and completed the registration of ownership transfer as to the said shares on the same day as Busan District Court Northern District Court’s receipt No. 69816, Jul. 30, 2003.

2) After that, on July 11, 2013, the registration for the transfer of ownership in the purport of the claim as to the part of the above H’s shares of each of the instant real estate was completed on July 10, 2013 in the name of the Defendants on the grounds of a sales contract on July 10, 2013 under the name of the Defendants. [The grounds for recognition: the fact that there is no dispute, Gap’s evidence Nos. 1 through 5 (including the number of branches), Eul’s evidence No.

2. The Plaintiff’s assertion as of July 20, 200 between H and solar metal and the Defendants’ purchase and sale agreement as of July 10, 2013 between H and solar metal are null and void as a false declaration of agreement. As such, Tae Metal is obligated to implement the procedure for registration of cancellation of ownership transfer on each of the instant real estate, which was completed with respect to H’s sole heir, and in the instant case where the Plaintiff claimed by subrogation of Tae Young Metal to preserve the above right to claim for cancellation, the Defendants each of the above to the Plaintiff.

arrow