소유권이전등기말소
1. The plaintiffs' claims against the defendants are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. On October 26, 1997, the network H owned each of the instant real estate (hereinafter “the deceased”) died with the co-inheritors with wife I, children G, Plaintiff C, Plaintiff C, and B.
After that, around April 11, 2001, I died after having left son G, Plaintiff C, A, and B as co-inheritors.
B. As to each real estate of this case, the registration of transfer of ownership was completed in G under the name of Chuncheon District Court No. 3868 on July 27, 2004 due to inheritance due to the agreement division as of October 26, 1997.
C. On December 8, 2014, G died after having left Defendant D, Defendant E, and F as his co-inheritors, and Defendant D completed the registration of ownership transfer on January 30, 2015 due to inheritance by agreement division as to each of the instant real estate on January 30, 2015. < Amended by Act No. 13035, Jan. 30, 2015; Act No. 4482, Jan. 30, 2015>
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, 3, Gap evidence 3-1 through 5, Eul evidence 1, 2, and 3, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiffs’ respective real estate was the deceased’s property. As the deceased’s children G, the Plaintiff C, A, and B agreed to use each of the instant real estate as family graveyard and memorial soil, and entrusted the title of ownership to the son Nam Nam, the part corresponding to the Plaintiffs’ inheritance shares (each share 1/4) among the registration of ownership transfer completed in the future in relation to each of the instant real estate should be cancelled in accordance with the Act on the Registration of Real Estate under Actual Titleholder’s Name.
However, as the G dies without cancellation of the registration of ownership transfer in the name of G on each of the instant real estate, Defendant D, the inheritor of G, completed the registration of ownership transfer due to inheritance by agreement division. Thus, the Defendants are entitled to each inheritance share by Plaintiff (Defendant D3/28 shares and Defendant E and F 2/28 shares), among the registration of ownership transfer in the name of G, and Defendant D under its own name.