소유권말소등기
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On October 25, 1981, E completed the registration of ownership transfer made on March 10, 1965 with respect to the 8th 3rd 3rd o of F forest in the petitioner-gu, Cheongju-si.
B. On May 18, 1998, the above land was divided into 1,158 square meters of D Forest land, Cheongju-si, Cheongju-si (hereinafter “instant land”). As to the instant land, the registration of transfer of ownership was completed in the name of Dong Dong G (hereinafter “instant registration of transfer of ownership”) in E’s name on the ground of sale on December 16, 2005, the Cheongju District Court Receipt No. 63587, Dec. 16, 2005.
C. G died on March 24, 2007, and Defendant B, one of them, completed the registration of ownership transfer on July 13, 2007, based on inheritance by consultation and division on March 24, 2007.
On November 10, 2017, Defendant B completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) on November 10, 2017, under Article 117769 of the Cheongju District Court’s receipt of the Cheongju District Court on the instant land.
E. On October 18, 2015, E deceased on October 18, 2015, H, the wife of which succeeded to the respective shares of 3/11, the Plaintiff, I, J, and K, each of 2/11 shares.
[Reasons for Recognition] Unsatisfy, Gap's statements in Gap's 1, 2, 4 through 7 (including virtual numbers), the purport of the whole pleadings
2. Judgment on the ground of the Plaintiff’s claim
A. Although the Plaintiff’s assertion G does not have purchased the instant land from E or obtained the consent to the preparation of the sales contract, the registration of ownership transfer of this case is null and void, and the provisional registration of Defendant C, which was based on the above registration, is also null and void.
The Plaintiff is a co-owner of the instant land, who inherited 2/11 shares of the instant land from E, and is a preservation act for jointly owned property, and G’s heir with respect to 1/10 shares of the instant land.