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(영문) 창원지방법원진주지원 2016.08.12 2015가단12655

소유권이전등기말소 등

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1. Of the instant lawsuit, the part regarding the claim for the performance of the procedure for cancellation of ownership transfer registration against Defendant F is dismissed.

2...

Reasons

1. Facts of recognition;

A. Status 1 of the parties is 1) Net H (Death on June 5, 2015, hereinafter “the deceased”).

Defendant B is the wife, Defendant C, D, E, and F are children, and their inheritance shares are the same as the shares indicated in the separate sheet.2) With the center of the Plaintiff, GI (Death of October 3, 2007) is the father, the deceased J (Death of February 9, 199) is the mother.

B. 1) The Deceased completed the registration of ownership transfer under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 3094, Dec. 31, 197) with respect to the instant land. 2) The Deceased donated the instant land to Defendant F on March 24, 2015, and completed the registration of ownership transfer to the said purport as the Defendant F on April 13, 2015, under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 3094, Aug. 14, 1981).

C. The present status of the part of the instant dispute is one grave of the deceased J and one grave of the deceased I for the part of the instant dispute.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 3, evidence Nos. 4-1, 2, 5-1, 2, and 6-2, Eul evidence Nos. 1 and 2, the result of the on-site inspection by this court, the result of the appraiser K's survey and appraisal, the purport of the whole pleadings

2. The Plaintiff asserted on February 9, 1999 between the deceased and the deceased on February 9, 199 in order to use them as the deceased J and I’s graveyard, and the Plaintiff agreed to purchase from the deceased for KRW 4,000,000, and to register the transfer of ownership by making a partition survey after forming a tomb, and paid KRW 4,00,000 on February 12, 199.

Although the Deceased was obligated to perform the procedure for the registration of ownership transfer with respect to the instant dispute, on March 24, 2015, the Deceased donated the instant land to Defendant F, who was well aware of the purchase by the Plaintiff, and completed the registration of ownership transfer with respect to the said part in Defendant F’s name.

Therefore, the deceased's heir is the deceased.