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(영문) 제주지방법원 2020.04.27 2019가단6477

소유권이전등기말소등기

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1. The plaintiff's respective claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The registration relation (1) was made in the name of F on March 15, 1937 with respect to the instant land.

(2) On November 26, 1979, Defendant C completed the registration of the instant land, which was based on sale pursuant to Act on Special Measures for the Registration, etc. of Ownership of Real Estate (No. 3094).

(3) Defendant D and E completed the registration of the instant case No. 2 on April 3, 2006 with respect to each one-half of the instant land.

B. The F, the Plaintiff, and the Defendants’ relationship (1) died on December 12, 1948 at the time of the April 3, 1948 (F) (F) and died on the same day by December 12, 1948 (F, January 10, 1949). The F’s head-nam G also died on the same day.

F’s wife is H(Death on March 14, 1972).

The F and H had not only 1 South I, Samnam J (Death at the time of the incident of April 3 in the calendar City) and 4 marrieds.

(2) G’s wife is K (the time of April 3, 1949, the time of the instant case) and G’s children are the Plaintiff and L(the time of April 3, 194).

(3) Defendant C was the latter wife of I, and reported the marriage in 1978.

One of the children of I is defendant E (Ma), and defendant D is the husband of defendant E.

(4) By a ruling rendered by Jeju District Court (2019ddan685) on August 13, 2019, the adoption that was reported to the Jeju Mayor on September 25, 1972 between G and N (I and Defendant C) was confirmed to be null and void.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 6, 7, and 8 (including additional numbers), the purport of the whole pleadings

2. The assertion;

A. The Plaintiff’s assertion ① The Plaintiff is the heir inherited from H.

② Since F is unable to enter into a sales contract with Defendant C in 1971 due to the death of F, the registration of the instant case under the name of Defendant C arising from the said sales contract is null and void, and thus ought to be cancelled.

In addition, H did not donate the instant land to Defendant C, and Defendant C did not submit a certificate of gift tax payment, so the instant registration under Defendant C’s name should also be cancelled as the cause invalidation.

(3).