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(영문) 대전지방법원 2018.02.28 2016가단19951

말소등기회복

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The changes in the real estate registration on the land of this case and the injury thereof are as follows.

1) On November 21, 1968, E, F, Defendant B, and G completed the registration of ownership transfer of the instant land under the name of Gohap B, Defendant B, and G on the ground of sale and purchase as of November 18, 1968. 2) On July 13, 2010, the death of Gohap F, and the death of Gohap E on December 31, 201, on the ground that the registration of ownership was completed under the name of Gohap B, and G on April 11, 2014.

(3) On April 11, 2014, on the ground of a contract for change made on April 1, 2014, the registration of change of ownership was made on April 11, 2014 by 1/2 of co-owner B shares and 1/2 of G shares. 4) on the ground of a donation made on November 17, 2015, the registration of change of ownership was completed in the name of Defendant C for all shares made on November 19, 2015.

B. Following the death of E on December 31, 2011, E, including the Plaintiff, entered into an agreement on the division of inherited property with the purport that the Plaintiff would solely inherit the instant land around June 2012.

[Ground of recognition] Unsatisfy, entry of Gap evidence 2 through 4, purport of whole pleadings.

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion ① owned the instant land solely from the Plaintiff’s Plaintiff’s set-off net E, and even if the Plaintiff inherited the land by means of a separate agreement on the division of inherited property, the remaining co-inheritors registered the purport of the claim without the Plaintiff’s consent, which should be cancelled as an invalidation

② The instant land was owned by the Plaintiff’s sole owner of the Plaintiff’s network E, and the relationship of co-ownership with the remaining co-inheritors was terminated due to the Plaintiff’s death, and the Plaintiff succeeded solely to the right to claim the return of the prior co-ownership, and the remaining co-inheritors were subject to the registration of change of ownership transfer in their name, even though there was no share in the instant land. Therefore

B. In the event that part of the joint owners of one real estate dies, death, unless otherwise agreed by the joint owners.