소유권이전등기절차이행
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. The deceased F (hereinafter “the deceased”) completed the registration of ownership transfer made on April 29, 1949 by the Daegu District Court Decision 10647, which was received on April 29, 1949, with respect to the land prior to the instant subdivision, Kimcheon-si G, Kimcheon-si (hereinafter “the land prior to the instant subdivision”).
B. H completed the registration of ownership transfer based on sale on February 20, 1957, No. 687, received on February 26, 1957, with respect to the shares of 1/2 of the land before the instant partition.
C. In accordance with the former Act on Special Measures for the Registration of Ownership Transfer (Act No. 3094, Dec. 31, 197; hereinafter “Special Measures Act”), the Defendant completed the registration of ownership transfer on the land before subdivision as the Daegu District Court Decision No. 19451, Nov. 27, 1980, No. 19451, Dec. 9, 1973.
(hereinafter “instant transfer registration”) D.
On September 9, 2002, the land prior to the instant subdivision was divided into 2,420 square meters and 231 square meters prior to G on September 9, 2002, and the land prior to G was subdivided into each land listed in the separate sheet (hereinafter “instant land”) on March 9, 2005.
E. The Deceased died on May 6, 2004, and his heir was the Plaintiff B, C, and D, the wife, and his wife.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 13, purport of the whole pleadings
2. The plaintiffs' assertion that the defendant completed the registration of transfer of ownership of this case even though he did not purchase the land before the division from the deceased, and thus the registration of transfer of ownership of this case is null and void.
Therefore, the defendant is obligated to implement the registration procedure for transfer of ownership based on the restoration of real name with respect to each of the plaintiffs' inheritance shares in the land of this case to the co-inheritors of the deceased.
3. Determination as follows: Registration completed under the Act on Special Measures is presumed to be a registration consistent with the substantive legal relationship, and there is a letter of guarantee or confirmation under the Act on Special Measures.