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(영문) 대구지방법원 포항지원 2018.10.23 2018가단102315

소유권말소등기

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts E had the Plaintiffs as their children between the spouse F and the latter, had the Defendant as their children between the intelligence and the latter, and reported the marriage with G on March 9, 197 after the spouse F died.

Attached Form

On March 11, 1986 regarding the real estate listed in the list No. 1 (hereinafter “instant site”), the ownership transfer registration was made from E on March 11, 1986 for G, a spouse of E, on March 10, 1986. From G on June 17, 1986, the ownership transfer registration was made on June 16, 1986 for E-type H’s spouse.

On the other hand, on August 26, 1986, the registration of ownership was made on the real estate listed in the separate sheet No. 2 (hereinafter “instant building”) and the registration of ownership transfer was made on August 26, 1986 from E to E on August 26, 1986.

Since then, from the I on March 13, 1987, the ownership transfer registration based on the sale as of March 10, 1987 was made from G, and the ownership transfer registration based on the donation as of July 20, 2004 was made from G on July 20, 2004 in the future to the Defendant (hereinafter “instant ownership transfer registration”).

E died around March 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1-1 and 2, the purport of the whole pleadings

2. The plaintiffs' assertion and determination plaintiffs asserted that the building site and buildings of this case were originally owned by E, and that registration of transfer of ownership was made from I on March 13, 1987 under a title trust agreement between I and G. On July 20, 2004, G completed the registration of transfer of ownership of this case on the ground of a gift made on July 20, 2004 by G was based on a false conspiracy false representation. Thus, the defendant asserts that E's heir is obligated to cancel the registration of transfer of ownership of this case.

Each of the plaintiff's submission.