소유권말소등기
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff’s assertion is that the instant real estate and the instant six lots of land (1) are owned by the JJ (hereinafter “J”), and the ownership transfer registration was completed in the instant real estate and the instant six lots of land (1) (2) 896 square meters in the Seoul Special Self-Governing Province, ② 50 square meters in the EM, ③ 162 square meters in the FM, ④ 582 square meters in the G miscellaneous land, ⑤ 664 square meters in the HJ, ⑤ 654 square meters in the HJ, and 152 square meters in the I forest).
In around 2014, there was an opinion that the above real estate, which was registered in the name of the plaintiff clan, should be transferred in the name of the J clan, and even though the defendant Eul was not the representative of the J clan, he deceivings the representative of the plaintiff clan and the J clan as if he was the representative of the J clan, forged the minutes of the general assembly of the two clan, thereby completing the registration of transfer under the name of the J clan for six lands other than the above real estate, and since the land category of the instant real estate cannot be transferred in the name of the clan because it was "share", the real estate of this case was sold to the defendant C, and completed the registration of transfer under the name of
Therefore, the registration of ownership transfer in the name of Defendant B and the registration of ownership transfer in the name of Defendant C related to the instant real estate should be cancelled as a cause invalidation.
2. Determination
A. First, we examine whether the registration of transfer of ownership in Defendant B with respect to the instant real estate is invalid or not.
Although there is no dispute between the parties that Defendant B received the registration of ownership transfer from the Plaintiff’s clan on December 1, 2014 for the reason of the sale on October 2, 2014, the fact that Defendant B received the registration of ownership transfer from the Jeonju District Court for the instant real estate from the Plaintiff’s clan No. 143762. However, as the Plaintiff’s clan asserts, the registered titleholder is the third party if the registration of ownership transfer was made, as otherwise alleged by the Plaintiff’s clan, by deceiving the representative of the Plaintiff’s clan and J clan to forge the list of the two clans.