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(영문) 창원지방법원 2016.12.06 2015가단88772

소유권이전등기말소청구

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff, D, and E are co-inheritorss with the children of net F (Death on September 5, 2006) and net G (Death on February 13, 2015). Defendant B is the wife of Party E, and Defendant C is the wife of Party E, and Defendant C is the wife of Party E.

B. On December 16, 2014, Defendant B completed the registration of ownership transfer under his/her name with respect to H apartment 201 Dong 205 (hereinafter “instant apartment”) on the ground of sale as of December 15, 2016, the registration of ownership transfer under his/her name; Defendant C completed the registration of ownership transfer under his/her name with respect to the land of 2,001 square meters (hereinafter “instant land”) in Sung-gu, Sung-gu, Sung-gu, Sungwon-si, Seongbuk-gun, Seoul, on December 17, 2014, on the ground of a donation made from December 16, 2014.

(hereinafter referred to as “each registration of ownership of this case”). / [Grounds for recognition] The fact that there is no dispute, entry in Gap evidence 1 through 3, and 5 (including each number, if any) and the purport of the whole pleadings.

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The fact that the deceased G loses his seal imprint at the time of hospitalization is that E newly obtained a certificate of seal imprint in the name of the deceased G, and completed the registration of ownership transfer in the name of the Defendants by forging a sales contract and a gift contract. The registration of each transfer of ownership in the name of the deceased G is invalid. The registration of each transfer of ownership in the instant case is invalid. 2) The registration of ownership transfer in the name of Defendant B, inasmuch as the deceased G actually conspired with the Defendant B, even though there was no enemy selling the instant land to the Defendant B, the registration of ownership transfer for each of the instant land was completed under the name

3) Therefore, the Defendants, as co-inheritors of the deceased G, should implement the procedure for cancellation registration of each ownership transfer registration of this case to the Plaintiff seeking the implementation of the procedure for cancellation registration of each ownership transfer registration of this case as a preservation act based on ownership as a co-inheritors of the deceased G. B. Determination 1) In the event of the determination of the ground for invalidation registration, and where the ownership transfer registration of real estate has been completed, the registration titleholder