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(영문) 수원지방법원 2017.10.19 2015나31558

소유권이전등기말소

Text

1. Revocation of a judgment of the first instance;

2. The Plaintiff:

A. As to the real estate listed in the separate sheet No. 1 to 3, Defendant B.

Reasons

1. The following facts do not conflict between the parties, or each of the following facts can be acknowledged by taking into account the following facts: Gap evidence 1-1-4, Gap evidence 2-1-1-10, Gap evidence 18-1-3, Eul evidence 18-9, Eul evidence 9, and the whole purport of each document sent to the head of the Incheon District Public Prosecutor's Office of Incheon District Public Prosecutor's Office.

K is a child born in the second place betweenO and P, and Defendant B is a son born in the first place betweenO and M, and the defendant C is a son born in the first place betweenO and P, and the defendant C is a son born in the first place betweenO and P, and the plaintiff is an unmarried child adopted by the defendants on April 25, 1983.

B. K died on May 11, 1995, when the Plaintiff was 12 years of age, and accordingly, K inherited each of the real estate listed in the separate sheet owned by the deceased K (hereinafter “the instant real estate”) (hereinafter “the instant real estate 1 through 5”, and collectively “each of the instant real estate”), etc. as to the real estate owned by the deceased including the instant real estate, under the Plaintiff’s name on July 15, 1998, each registration of ownership transfer was completed on May 11, 1995 under the Plaintiff’s name.

C. On May 28, 2003, Defendant B completed each registration of transfer of ownership on the ground of the Songwon District Court’s receipt of Songwon District Court’s registration office as to real estate (1) through (3) under Article 18468, and Defendant C completed each registration of transfer of ownership on the ground of “the donation on May 26, 200,” and Defendant C completed each of the registration of transfer of ownership on the ground of the instant case ④, and 5, the same date, under Article 18469 of the receipt of the same registry office.

Since then, on February 16, 2015, when the instant lawsuit was pending in the first instance court, Defendant B corrected the date of the cause of registration for each transfer of ownership on real estate as “ May 28, 2003”.

With respect to each real estate of this case, the registration of ownership transfer completed in each name of the defendants as above.