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(영문) 광주지방법원 장흥지원 2018.10.17 2018가단5325

소유권이전등기

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The deceased died on March 25, 1999 as the original and the Defendant’s reference.

B. Change of ownership in each land listed in the separate sheet shall be as follows:

The date of the cause of the present owner of the land category before the parcel number I J. 1 of the date of the registration of the current owner of the land, the ground for registration No. 1 J. 20 of the 94.7.207.11, 07. 2K 2.20 of the 94.7.207. 11. 207. 11. 207. 14. 207. 11. 207. 4 M. 4 M. 5. 4, 64. 1657, 5 N. 1657, 3. 1. 28, 83. 4. 7. 25 of the Act on Special Measures for the Registration of Ownership of Real Estate (No. 4. 5. 27. 297. 25. 25. 27. 4. 29757. 25. 2097) of the Act on Special Measures for the Registration of Ownership No. 165. 37. 94. 25. 27.

2. The parties' assertion

A. Each land listed in the Plaintiffs’ separate sheet was purchased by the deceased I, who is the original and the Defendant’s reference, and was registered under the Defendant’s name under the Act on Special Measures for the Registration, etc. of Real Estate Ownership (hereinafter “Special Measures Act”) based on false letter of guarantee or written confirmation.

Therefore, the registration in the name of the defendant is null and void within the scope of the plaintiffs' inheritance shares. Thus, the defendant is obligated to implement the registration procedure for transfer of ownership based on the restoration of real name as the plaintiffs' inheritance shares.

B. Each land indicated in the attached Form of the defendant was purchased by the defendant or purchased by the Sil I, and donated to the defendant, and each registration of ownership transfer in the name of the defendant has been completed based on these facts under the Act on Special Measures, so the above registration is valid in accordance with the substantive legal relationship.