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(영문) 광주지방법원 2017.11.17 2017가단512059

소유권이전등기

Text

1. The plaintiffs' claim of this case is dismissed.

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

Reasons

1. Basic facts

A. The deceased E owned 10300/10350 shares of the instant real estate.

Of the instant real estate, the registration of transfer of ownership in the name of the Defendant was completed on October 5, 1984 under the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (hereinafter “Special Measures Act”) as the receipt of No. 11127 of May 17, 1995 on the ground of sale as of October 5, 1984.

B. The deceased on October 28, 197, and the deceased on October 28, 197, the deceased on his/her heir had the deceased on his/her net F, G, the Defendant, H and his/her father, I (Divorce), J, K (Divorce), and L (Divorce).

C. The deceased on April 22, 2017, and the deceased on April 22, 2017, the heir was the Plaintiffs, who were wife M and children.

M renounced the inheritance of the instant real estate.

(In fact that there is no dispute, Gap evidence 6, the purport of the whole pleading.

2. The parties' assertion

A. Since the plaintiffs' network E had already died on October 28, 1977, it is impossible to conclude a sales contract with the defendant on October 5, 1984.

Nevertheless, the defendant has completed the registration of ownership transfer in accordance with the Act on Special Measures by forging documents such as letter of good faith, etc. as if he purchased the He's share of the deceased E.

Therefore, the registration of transfer of ownership in the name of the defendant is null and void to the extent that it exceeds his/her inherited shares, and the networkF is a right holder with respect to shares of 3090/113850 out of the instant real estate.

Since the plaintiffs are the deceased F's successors, the defendant is obligated to implement the registration procedure for ownership transfer based on the restoration of real name with respect to each of the shares of 10300/113850 of the real estate of this case to the plaintiffs.

B. The defendant 1 completed the registration of ownership transfer under the name of the defendant with respect to the shares of 10300/10350 out of the real estate of this case, which are the co-ownership of E, through consultation among heirs after the death of the deceased E.

Since the transfer registration of ownership in the name of the defendant is consistent with the substantive relationship, the reason for registration is simply the reason.