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(영문) 의정부지방법원 2018.05.09 2017가합54319
소유권이전등기말소 등
Text

1. The Defendants:

A. As to the first real estate listed in the separate sheet, the Busan District Court shall have jurisdiction over Nonparty D, E, F, G, and H.

Reasons

1. Basic facts

A. The Plaintiff is a new religious organization organized for the purpose of the A religious organization transition business, etc. around 1991. The Defendants are siblings of the deceased J (hereinafter “the deceased”). The deceased inherited 1/2 each of the deceased on June 25, 2015 without a lineal ascendant or descendant.

B. On December 29, 1997, the Deceased entered into a sales contract with Nonparty K to purchase KRW 60,000,000 of the real estate listed in the separate sheet (hereinafter “instant first apartment”) (hereinafter “instant first sales contract”). On December 30, 1997, the Deceased completed the registration of ownership transfer (hereinafter “instant first sale contract”) with the Busan District Court’s Branch Branch Branch Branch Branch Branch Office of Dong Branch Office of Busan District Court No. 120341 on December 30, 1997.

On the other hand, K died on December 4, 2001, and Nonparty D, E, F, G, and H (hereinafter “instant inheritors”) inherited K one-fifth each.

C. On July 1, 2008, the deceased entered into a sales contract with Nonparty I for purchase of KRW 1,270,000,000 as indicated in the separate sheet (hereinafter “instant second apartment”) (hereinafter “instant sales contract”). On July 18, 2008, the deceased completed the registration of ownership transfer (hereinafter “instant second apartment”) as the receipt of No. 88616 on July 18, 2008 by the Namyang-gu District Court’s Seoul District Court registry office (hereinafter “instant second apartment”).

around January 2017, the Defendants received the notification that the first apartment of this case was classified into unregistered property of the deceased and that the person liable for property tax was changed from the deceased to Defendant B. Through civil petition service, the Defendants investigated the details of the deceased’s real estate ownership and discovered the fact that the first and second apartment of this case completed the registration of ownership transfer in the name of the deceased.

E. The Defendants: (a) due to inheritance on June 25, 2015; (b) as to the portion of 1/2 of the instant apartment units No. 2; and (c) as the receipt of 33181 on April 17, 2017 by the Seoyang District Court of the Republic of Korea.

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